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1133 full-text articles. Page 7 of 32.

The Uneasy Case For Food Safety Liability Insurance, John Aloysius Cogan Jr. 2016 Brooklyn Law School

The Uneasy Case For Food Safety Liability Insurance, John Aloysius Cogan Jr.

Brooklyn Law Review

Foodborne illnesses sicken millions and kill thousands of Americans every year, leading many to conclude that our dysfunctional government food safety system, which still relies heavily on physical inspections of food and facilities, is incapable of protecting us. As a result, many now look to the private market for solutions to our food safety crisis. One private market approach, food safety liability insurance, is gaining popularity. This article examines the benefits and drawbacks to food safety liability insurance and raises doubts about its ability to improve food safety. The market for safe food is plagued by overwhelming information problems that ...


Introducing Marijuana Law Into The Legal Writing Curriculum, Howard Bromberg, Mark K. Osbeck 2016 University of Michigan Law School

Introducing Marijuana Law Into The Legal Writing Curriculum, Howard Bromberg, Mark K. Osbeck

Articles

Interest in marijuana law continues to grow, due in large part to the complicated and rapidly evolving landscape of marijuana laws in the United States. Nearly every day, newspapers report on new or proposed legislation and the legal controversies that have arisen with regard to this evolving landscape. There are now several marijuana-law blogs on the Internet, Congress is considering sweeping legislation that would essentially grant significant deference to the individual states, and public opinion continues to move in favor of increased legalization. For the last two years, Newsweek magazine has published special editions devoted exclusively to marijuana law and ...


Incumbent Landscapes, Disruptive Uses: Perspectives On Marijuana-Related Land Use Control, Donald J. Kochan 2015 Chapman University School of Law

Incumbent Landscapes, Disruptive Uses: Perspectives On Marijuana-Related Land Use Control, Donald J. Kochan

Donald J. Kochan

The story behind the move toward marijuana’s legality is a story of disruptive forces to the incumbent legal and physical landscape. It affects incumbent markets, incumbent places, the incumbent regulatory structure, and the legal system in general which must mediate the battles involving the push for relaxation of illegality and adaptation to accepting new marijuana-related land uses, against efforts toward entrenchment, resilience, and resistance to that disruption.

This Article is entirely agnostic on the issue of whether we should or should not decriminalize, legalize, or otherwise increase legal tolerance for marijuana or any other drugs. Nonetheless, we must grapple ...


The Role Of States In Shaping The Legal Debate On Medical Marijuana, Florence Shu-Acquaye 2015 Nova Southeastern University - Shepard Broad Law Center

The Role Of States In Shaping The Legal Debate On Medical Marijuana, Florence Shu-Acquaye

Florence Shu-Acquaye

The ongoing debate in the United States about the legality and use of medical marijuana (also known as medicinal cannabis) is intriguing.


Tainted: Food, Identity, And The Search For Dignitary Redress, Melissa D. Mortazavi 2015 Selected Works

Tainted: Food, Identity, And The Search For Dignitary Redress, Melissa D. Mortazavi

Melissa Mortazavi

No abstract provided.


Geographical Indications, Food Safety, And Sustainability Challenges And Opportunities, David A. Wirth 2015 Boston College Law School

Geographical Indications, Food Safety, And Sustainability Challenges And Opportunities, David A. Wirth

David A. Wirth

This paper examines the legal and policy relationship reinforcement amongst international standards for GIs, food safety standards, and other claims of quality or safety. The paper addresses those relationships within the context of international trade agreements protecting GIs, such as the 1994 TRIPS Agreement, the EU-Canada Comprehensive Economic and Trade Agreement (CETA), and the chapter on intellectual property and geographical indications in the Transatlantic Trade and Investment Partnership (TTIP) currently under negotiation. Trade agreements also discipline food safety measures and non-GI indications of quality or safety such as “organic” and “GMO-free.” Accordingly, the paper also considers the extent to which ...


Fear And Loathing In Colorado: Invoking The Supreme Court’S State-Controversy Jurisdiction To Challenge The Marijuana-Legalization Experiment, Chad DeVeaux, Anne Mostad-Jensen 2015 Concordia University School of Law

Fear And Loathing In Colorado: Invoking The Supreme Court’S State-Controversy Jurisdiction To Challenge The Marijuana-Legalization Experiment, Chad Deveaux, Anne Mostad-Jensen

Boston College Law Review

This Article asserts that states may invoke the Supreme Court’s original jurisdiction to challenge marijuana legalization in Colorado. The State’s introduction of marijuana into interstate commerce has reawakened a long-dormant body of constitutional law dealing with transboundary nuisance disputes between states. In making this argument, we distinguish our theory from the complaint lodged by Nebraska and Oklahoma with the Supreme Court. Nebraska and Oklahoma seek to enforce the Supremacy Clause of the U.S. Constitution, contending that Colorado’s venture violates the federal Controlled Substances Act. In contrast, we assert that the Court should award damages to a ...


Gandhi’S Prophecy: Corporate Violence And A Mindful Law For Bhopal, Nehal A. Patel 2015 University of Michigan - Dearborn

Gandhi’S Prophecy: Corporate Violence And A Mindful Law For Bhopal, Nehal A. Patel

Nehal A. Patel

Abstract
Over thirty years have passed since the Bhopal chemical disaster began,
and in that time scholars of corporate social responsibility (CSR) have
discussed and debated several frameworks for improving corporate response
to social and environmental problems. However, CSR discourse rarely
delves into the fundamental architecture of legal thought that often
buttresses corporate dominance in the global economy. Moreover, CSR
discourse does little to challenge the ontological and epistemological
assumptions that form the foundation for modern economics and the role of
corporations in the world.
I explore methods of transforming CSR by employing the thought of
Mohandas Gandhi. I pay ...


Keep Out Fda: Food Manufacturers' Ability To Effectively Self-Regulate Front-Of-Package Food Labeling, Ellen A. Black 2015 DePaul University

Keep Out Fda: Food Manufacturers' Ability To Effectively Self-Regulate Front-Of-Package Food Labeling, Ellen A. Black

DePaul Journal of Health Care Law

No abstract provided.


The Medicine Shoppe V. Loretta Lynch: Pharmacists’ Corresponding Responsibility With Physicians Under Dea Interpretation Of The “Legitimate Medical Purpose” Standard, Jeffrey Grass 2015 Selected Works

The Medicine Shoppe V. Loretta Lynch: Pharmacists’ Corresponding Responsibility With Physicians Under Dea Interpretation Of The “Legitimate Medical Purpose” Standard, Jeffrey Grass

Jeffrey C Grass Esq.

The Medicine Shoppe v. Loretta Lynch et al. 14-1223 will assist pharmacists and pharmacy owners in understanding their duties “corresponding responsibility to assure that its prescriptions for controlled substances are issued for a legitimate medical purpose” and “in the practitioner's usual course of professional practice.” In the meantime, pharmacists need to know that they are not immune from administrative, regulatory or criminal prosecution under the CSA solely due to their status. Rather, they are expected to dispense drugs for the bona fide treatment of a patient's disease. Under this regime, he or she must exercise sound professional judgment ...


Defining The "Defined"—Problem Gambling, Pathological Gambling, And Gambling Disorder: Impact On Policy And Legislation, Sarah A. Hinchliffe 2015 Barry University School of Law

Defining The "Defined"—Problem Gambling, Pathological Gambling, And Gambling Disorder: Impact On Policy And Legislation, Sarah A. Hinchliffe

Barry Law Review

No abstract provided.


Regulatory Competitive Shelters In The Area Of Personalized Medicine, Yaniv Heled 2015 Georgia State University College of Law

Regulatory Competitive Shelters In The Area Of Personalized Medicine, Yaniv Heled

Yaniv Heled

No abstract provided.


Mandatory Recall Authority: A Sensible And Minimalist Approach To Improving Food Safety, 2015 Selected Works

Mandatory Recall Authority: A Sensible And Minimalist Approach To Improving Food Safety

Michael A Roberts

No abstract provided.


European Court Of Justice Rules In Favour Of Greater Transparency In Accessing Efsa Data, Luis Vaqué 2015 Asociación Iberoamericana para el Dereho Alimentario

European Court Of Justice Rules In Favour Of Greater Transparency In Accessing Efsa Data, Luis Vaqué

Luis González Vaqué

This commentary looks at an interesting judgment by the European Court of Justice (ECJ) on 16 July. The judgment relates to plant protection products, but as it seeks to achieve levels of transparency capable of overcoming the lack of trust towards the European Food Safety Authority (EFSA) - often accused of being biased for using experts with vested interests because of their industry associations - it may also be relevant to the food sector, given that the EFSA deals with many authorization procedures, opinions, etc. related to food products.

Resumen de la conferencia pronunciada el 10.11.2015 en San Cugat del ...


Culinary Jurisprudence And National Identity: Penny Pether On The Taste Of Country Cooking, Nan Seuffert 2015 Villanova University Charles Widger School of Law

Culinary Jurisprudence And National Identity: Penny Pether On The Taste Of Country Cooking, Nan Seuffert

Villanova Law Review

No abstract provided.


Drugs For The Indigent: A Proposal To Revise The 340b Drug Pricing Program, Connor J. Baer 2015 College of William & Mary Law School

Drugs For The Indigent: A Proposal To Revise The 340b Drug Pricing Program, Connor J. Baer

William & Mary Law Review

No abstract provided.


Regulating Drug Promotion To Promote The Public Health: A Response To Bennett, Et Al., Patricia J. Zettler 2015 Georgia State University College of Law

Regulating Drug Promotion To Promote The Public Health: A Response To Bennett, Et Al., Patricia J. Zettler

Faculty Publications By Year

No abstract provided.


The Safe Drinking Water / Food Law Nexus, Margot J. Pollans 2015 Pace University School of Law

The Safe Drinking Water / Food Law Nexus, Margot J. Pollans

Pace Environmental Law Review

At 2 AM on August 2, 2014, the Ohio Environmental Protection Agency issued the following warning to the citizens of Toledo: “Do Not Drink.” The Ohio City's tap water was contaminated with microcystin, a toxin that can cause diarrhea, vomiting, and abnormal liver function. The source was an algal bloom in Lake Erie resulting from high levels of agricultural fertilizers and animal waste. For three days, Toledo residents drank only bottled water.

This is just one of many similar examples of agricultural contamination of urban drinking water supplies. Creating a physical connection between urban and rural communities, this pollution ...


An Administrative Meter Maid: Using Inter Partes Review And Post-Grant Review To Curb Exclusivity Parking Via The "Failure To Market" Provision Of The Hatch-Waxman Act, Brian T. Apel 2015 University of Michigan Law School

An Administrative Meter Maid: Using Inter Partes Review And Post-Grant Review To Curb Exclusivity Parking Via The "Failure To Market" Provision Of The Hatch-Waxman Act, Brian T. Apel

Michigan Law Review

Congress created the unique Hatch-Waxman framework in 1984 to increase the availability of low-cost generic drugs while preserving patent incentives for new drug development. The Hatch-Waxman Act rewards generic drug companies that successfully challenge a pharmaceutical patent: 180 days of market exclusivity before any other generic firm can enter the market. When a generic firm obtains this reward, sometimes drug developers agree to pay generic firms to delay entering the market. These pay-for-delay agreements give rise to exclusivity parking and run counter to congressional intent by delaying full generic drug competition. The Medicare Prescription Drug, Improvement, and Modernization Act created ...


The Cost Of Confusion: The Paradox Of Trademarked Pharmaceuticals, Hannah Brennan 2015 University of Michigan Law School

The Cost Of Confusion: The Paradox Of Trademarked Pharmaceuticals, Hannah Brennan

Michigan Telecommunications and Technology Law Review

The United States spends nearly $1,000 per person annually on drugs—forty percent more than the next highest spender, Canada, and more than twice the amount France and Germany spend. Although myriad factors contribute to high drug spending in the United States, intellectual property law plays a crucial and well-documented role in inhibiting access to cheaper, generic medications. Yet, for the most part, the discussion of the relationship between intellectual property law and drug spending has centered on patent protection. Recently, however, a few researchers have turned their attention to a different avenue of exclusivity—trademark law. New studies ...


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