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1141 full-text articles. Page 6 of 32.

The Minty Taste Of Death: State And Local Options To Regulate Menthol In Tobacco Products, Michael Freiberg 2015 The Catholic University of America, Columbus School of Law

The Minty Taste Of Death: State And Local Options To Regulate Menthol In Tobacco Products, Michael Freiberg

Catholic University Law Review

Explaining why the additive menthol in tobacco products creates major public health risks, this article advocates for restricting the addition of menthol in cigarettes as a way to reduce smoking-related disease and death. Author Michael Freiberg describes how the decision to regulate menthol in tobacco products, on a federal level, was historically delegated by Congress to the discretion of the U.S. FDA, outlines the U.S. FDA’s subsequent failure to regulate menthol, and surveys state and local government efforts to regulate menthol in response to the FDA’s inaction. The article proposes additional actions that these state and ...


Regulatory Competitive Shelters, Yaniv Heled 2015 Georgia State University College of Law

Regulatory Competitive Shelters, Yaniv Heled

Yaniv Heled

This Article identifies an array of seemingly disparate federal exclusivity regimes as belonging to an increasingly prevalent and relatively new class of highly valuable government benefits, which it names “regulatory competitive shelters” (RCSs). It characterizes RCSs and distinguishes them from other, more traditional kinds of government-instituted properties. The Article then proceeds to describe a particular brand of RCSs established in federal statutory frameworks whose aim—much like patents—is to create incentives for technological innovation. Identifying several common motifs of such RCS regimes, the Article offers a taxonomy of these RCSs and describes the mechanisms by which RCSs instituted under ...


On The Modern American Class Action: A Tale Of Faux Classes And Fake Imbeciles, David Wallace, Michael Kelly 2015 Herbert Smith Freehills New York LLP

On The Modern American Class Action: A Tale Of Faux Classes And Fake Imbeciles, David Wallace, Michael Kelly

David L Wallace

No abstract provided.


Toward Coherent Federal Oversight Of Medicine, Patricia Zettler 2015 Georgia State University College of Law

Toward Coherent Federal Oversight Of Medicine, Patricia Zettler

Patricia J. Zettler

The conventional wisdom in U.S. health law and policy holds that states regulate medical practice – the activities of physicians and other health care professionals – while the federal government regulates medical products. But relying on states as the principal regulators of medical practice has, at times, driven law and policy in directions that are problematic from a public health perspective, as demonstrated by a deadly 2012 outbreak of fungal meningitis that was linked to a state-regulated practice known as drug compounding. This Article argues that the federalism concerns underlying the conventional wisdom are misplaced. It demonstrates that, contrary to the ...


Consuming Identities: Law, School Lunches, And What It Means To Be American, Melissa Mortazavi 2015 Selected Works

Consuming Identities: Law, School Lunches, And What It Means To Be American, Melissa Mortazavi

Melissa Mortazavi

No abstract provided.


Are Food Subsidies Making Our Kids Fat? Tensions Between The Healthy Hunger-Free Kids Act And The Farm Bill, Melissa Mortazavi 2015 Selected Works

Are Food Subsidies Making Our Kids Fat? Tensions Between The Healthy Hunger-Free Kids Act And The Farm Bill, Melissa Mortazavi

Melissa Mortazavi

On December 15, 2010, President Obama signed the Healthy Hunger- Free Kids Act of 2010 (HHFKA)1 into law. It was hailed as a bipartisan success and a significant reform of childhood nutrition policy. Indeed, on its surface the law appears to make a significant shift away from the food paradigm of the past. However, upon closer examination, it fails to unwind the tangled connections between domestic eating habits and longstanding farm subsidies. This Article breaks new ground in several ways: First, it is one of the first essays in the emerging and underexplored field of food law, a crosssection ...


The Treatment For Malpractice – Physician, Enhance Thyself: The Impact Of Neuroenhancements For Medical Malpractice, Harvey Fiser 2015 Millsaps College

The Treatment For Malpractice – Physician, Enhance Thyself: The Impact Of Neuroenhancements For Medical Malpractice, Harvey Fiser

Harvey L. Fiser

Coming to a hospital near you, the medically enhanced doctor - a doctor who thinks faster, is better with short and long term memory, is calmer during surgery, can work double shifts with little cognitive fatigue, and one day may have the memories of years of experience without actually having had them. With the expanded use of cognitive enhancing pharmaceuticals such as Adderall, Provigil, and more on the way, we are already seeing changes in education and the corporate world. From reaching a “normal” status for a person with an ADHD diagnosis to creating the “supernormal” employee with cognitive enhancers, neurointerventions ...


Private Regulation And Foreign Conduct, Adam Muchmore 2015 Penn State Law

Private Regulation And Foreign Conduct, Adam Muchmore

Adam I. Muchmore

Current U.S. policy on safety regulation for imported food is based largely on ex post measures. Several reform proposals seek to strengthen the ex ante component of this regulatory program. These proposals rely on one or more of three basic strategies: direct extraterritorial regulation; delegation of regulatory authority to private entities; and delegation of regulatory authority to foreign government agencies. This paper explores the ability of each strategy to respond to several principal-agent problems relevant to imported-food safety: the regulatory license problem; interest group capture; and the reality of bribery and threats in many food-exporting countries. Through the lens ...


The Impact Of Wyeth V. Levine On Fda Regulation Of Prescription Drugs, Richard Ausness 2015 University of Kentucky College of Law

The Impact Of Wyeth V. Levine On Fda Regulation Of Prescription Drugs, Richard Ausness

Richard C. Ausness

On March 4, 2009, the United States Supreme Court decided Wyeth v. Levine. In that case, the Court concluded that the plaintiff's failure to warn claim against the makers of the drug Phenergan was not impliedly preempted by the Food, Drug and Cosmetic Act (FDCA). In doing so, the Court rejected the argument of the U.S. Food and Drug Administration (FDA) that tort claims of this nature stand as an obstacle to federal regulatory objectives. This article evaluates the Court's opinion in Wyeth and examines that decision's impact on subsequent litigation in the area of prescription ...


Opening The Barnyard Door: Transparency And The Resurgence Of Ag-Gag & Veggie Libel Laws, Nicole Negowetti 2015 Valparaiso University

Opening The Barnyard Door: Transparency And The Resurgence Of Ag-Gag & Veggie Libel Laws, Nicole Negowetti

Nicole Negowetti

Over the past several decades, as the agricultural system became increasingly industrialized and the steps from farm to plate multiplied, consumers became farther removed from the sources of their food. Until recently, most consumers in America were content to eat their processed, cheap, and filling foods without giving a second thought to how these foods were produced. The tides are changing. Increasingly, consumers are calling for more transparency in the food system. Repulsed by images of animal cruelty and shocked by unsavory food production practices, consumers want the food industry’s veil lifted and are demanding changes in food production ...


Compassionate Use Of Experimental Therapies: Who Should Decide?, Patricia Zettler 2015 Georgia State University College of Law

Compassionate Use Of Experimental Therapies: Who Should Decide?, Patricia Zettler

Patricia J. Zettler

In addition to being an example of unsubstantiated hype about regenerative medicine, the controversy around the Italy-based Stamina Foundation's unproven stem cell therapy represents another chapter in a continuing debate about how to balance patients' requests for early access to experimental medicines with requirements for demonstrating safety and effectiveness. Compassionate use of the Stamina therapy arguably should not have been permitted under Italy's laws, but public pressure was intense and judges ultimately granted access. One lesson from these events is that expert regulatory agencies may be the institutions most competent to make compassionate use decisions and that policies ...


Protecting Patients: A Proposal For Codifying The Reasonable Innovation Rule, Stephanie M. Mehle 2015 The University of Akron

Protecting Patients: A Proposal For Codifying The Reasonable Innovation Rule, Stephanie M. Mehle

Akron Law Review

Part II of this Comment will examine the history of human experimentation and how the current regime of experimenting developed then explore the gap between experimentation approved by an Institutional Review Board (“IRB”) and FDA oversight. Part III will consider the competing interests of individual patient protection and medical innovation in general and whether informed consent appropriately balances those interests. Part IV will evaluate the inadequacies of current reliance on informed consent by using two case studies, both involving novel microbial procedures, and discuss how codification of the reasonable innovation rule would address those inadequacies. Ultimately, this Comment will argue ...


Compassionate Use Of Experimental Therapies: Who Should Decide?, Patricia J. Zettler 2015 Georgia State University College of Law

Compassionate Use Of Experimental Therapies: Who Should Decide?, Patricia J. Zettler

Faculty Publications By Year

In addition to being an example of unsubstantiated hype about regenerative medicine, the controversy around the Italy-based Stamina Foundation's unproven stem cell therapy represents another chapter in a continuing debate about how to balance patients' requests for early access to experimental medicines with requirements for demonstrating safety and effectiveness. Compassionate use of the Stamina therapy arguably should not have been permitted under Italy's laws, but public pressure was intense and judges ultimately granted access. One lesson from these events is that expert regulatory agencies may be the institutions most competent to make compassionate use decisions and that policies ...


It’S The End Of The Biological Patent World As We Know It, And Consumer Watchdog Feels Fine: How Consumer Watchdog Is Attempting To Kill The Future Of Horticultural Research, George Holton 2015 The George Washington University Law School

It’S The End Of The Biological Patent World As We Know It, And Consumer Watchdog Feels Fine: How Consumer Watchdog Is Attempting To Kill The Future Of Horticultural Research, George Holton

George R Holton

No abstract provided.


An International Sos (Save Our Sharks): How The International Legal Framework Should Be Used To Save Our Sharks, Crystal Green 2015 Pace University School of Law

An International Sos (Save Our Sharks): How The International Legal Framework Should Be Used To Save Our Sharks, Crystal Green

Pace International Law Review

The purpose of this Article is to shed light on the plight on sharks in international and domestic waters. An estimated 100 million sharks are killed every year. The cruel and wasteful practice of shark finning is responsible for a large portion of those killings. Shark fins are the most valuable part of the shark, because they are used as the key ingredient – and namesake – in an Asian delicacy known as “shark fin soup.” This Article opens with background information on the dire situation sharks are facing in our oceans, and how the depletion of these top predators from the ...


Regulating Front-Of-Package Nutrition Labels, Part 3 Of 3: Objections To The Imposition Of A Single Fda Scheme, Timothy Lytton 2015 Georgia State University College of Law

Regulating Front-Of-Package Nutrition Labels, Part 3 Of 3: Objections To The Imposition Of A Single Fda Scheme, Timothy Lytton

Timothy D. Lytton

No abstract provided.


Regulating Front-Of-Package Nutrition Labels, Part 2 Of 3: Developing New Minimum Standards For Complex Rating Schemes, Timothy Lytton 2015 Georgia State University College of Law

Regulating Front-Of-Package Nutrition Labels, Part 2 Of 3: Developing New Minimum Standards For Complex Rating Schemes, Timothy Lytton

Timothy D. Lytton

No abstract provided.


Regulating Front-Of-Package Nutrition Labels, Part 1 Of 3: Better Enforcement Of Existing Standards, Timothy Lytton 2015 Georgia State University College of Law

Regulating Front-Of-Package Nutrition Labels, Part 1 Of 3: Better Enforcement Of Existing Standards, Timothy Lytton

Timothy D. Lytton

No abstract provided.


Kosher Certification: A Model For Improving Private Food Safety Audits, Timothy Lytton 2015 Georgia State University College of Law

Kosher Certification: A Model For Improving Private Food Safety Audits, Timothy Lytton

Timothy D. Lytton

No abstract provided.


Kosher Certification: A Model Of Reliable Food Label Regulation, Timothy Lytton 2015 Georgia State University College of Law

Kosher Certification: A Model Of Reliable Food Label Regulation, Timothy Lytton

Timothy D. Lytton

No abstract provided.


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