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Drug Safety And Commercial Speech: Television Advertisements And Reprints On Off-Label Uses, Margaret Gilhooley 2009 Seton Hall law School

Drug Safety And Commercial Speech: Television Advertisements And Reprints On Off-Label Uses, Margaret Gilhooley

Margaret Gilhooley

1/11/10

PREPUBLICATION VERSION

DRUG SAFETY AND COMMERCIAL SPEECH:

TELEVISION ADVERTISEMENTS AND REPRINTS ON OFF-LABEL USES

By Margaret Gilhooley©

ABSTRACT

This paper examines how the constitutional protections for commercial speech have limited the ability of Congress and FDA to regulate prescription drugs in ways that can affect safety. In Thompson v. Western States, the Supreme Court struck down a Congressional restriction on advertisements for unapproved “compound” drugs because a disclosure that FDA had not approved the compound was considered a constitutionally adequate alternative. While drug compounds are a relatively obscure category, the decision influenced Congress in deciding not to ...


The Second Amendment And The Myth Of Neutrality: Mcdonald V. City Of Chicago And Judicial Craftsmanship, Craig L. Jackson 2009 Texas Southern University

The Second Amendment And The Myth Of Neutrality: Mcdonald V. City Of Chicago And Judicial Craftsmanship, Craig L. Jackson

Craig L. Jackson

The Supreme Court opinion in McDonald v. City of Chicago was an exercise in one of the Court’s most solemn duties—the identification of a fundamental right. In this case the right identified as fundamental was the right to keep and bear arms. Perhaps it should be called an anointing of a fundamental right because of all of the different jurisprudences that the Court has engaged in since the latter part of the nineteenth century, the identification of fundamental rights for a polity based on principles of liberty is almost sacred. Yet, a fair reading of the opinion, and ...


Erisa Preemption Of State 'Play Or Pay' Mandates: How Ppaca Clouds An Already Confusing Picture, Mary Ann Chirba 2009 Boston College Law School

Erisa Preemption Of State 'Play Or Pay' Mandates: How Ppaca Clouds An Already Confusing Picture, Mary Ann Chirba

Mary Ann Chirba

No abstract provided.


It's All About The People: Creating A "Community Of Memory" In Civil Procedure Ii, Part One, Jennifer E. Spreng 2009 Arizona Summit Law School

It's All About The People: Creating A "Community Of Memory" In Civil Procedure Ii, Part One, Jennifer E. Spreng

Jennifer E Spreng

In Fall 2008, a nascent classroom community emerged among my Civil Procedure students, teaching assistants and I. That term’s adventure eventually became the vital “past” for the fully formed community that would knit students of future classes together as one.

The genesis of this early classroom community was my ideal of “the good lawyer” as the small-firm or small-jurisdiction practitioner I had known as a seven-year solo practitioner in a town of 50,000 people. That ideal was a combination of “the rhythms of the law” that run throughout the specialties; a more respectful and less stratified model of ...


Regulating Online Buzz Marketing: Untangling A Web Of Deceit, Robert Sprague, Mary Ellen Wells 2009 University of Wyoming

Regulating Online Buzz Marketing: Untangling A Web Of Deceit, Robert Sprague, Mary Ellen Wells

Robert Sprague

During the past fifteen years, the Internet has swelled into its own virtual world of commentary, opinion, criticism, news, music, videos, gaming, role playing, shopping, banking, finance, and digital commerce. Coupled with the growth of blogs and social networking sites, millions of Americans appear willing to share online their own thoughts and experiences regarding products, services and companies. In response to the public’s interest, companies have begun to rely more heavily in recent years on word of mouth marketing, often referred to as “buzz marketing,” a technique that attempts to generate conversations among and with current and potential customers ...


Of Vulnerable Monopolists?: Questionable Innovation In The Standard For Class Certification In Antitrust Cases, Joshua P. Davis, Eric L. Cramer 2009 University of San Francisco

Of Vulnerable Monopolists?: Questionable Innovation In The Standard For Class Certification In Antitrust Cases, Joshua P. Davis, Eric L. Cramer

Joshua P. Davis

Some courts appear to have begun to revise the standard for granting class certification, including in antitrust cases. The new standard, if there is one, may empower courts to find facts relevant to the merits in a way that historically they have not been permitted to do. If courts are ratcheting up the standard at class certification by forcing plaintiffs to make a showing on the merits, then it seems an unfortunate development for various reasons. First, the rationale for the change is unsubstantiated and implausible. Neither theory nor evidence supports the claim that corporations settle meritless class actions with ...


Debunking The Socratic Method?: Not So Fast, My Friend!, Daniel J. Dye 2009 Arizona Summit Law School

Debunking The Socratic Method?: Not So Fast, My Friend!, Daniel J. Dye

Daniel Dye

No abstract provided.


Drawing Bisexuality Back Into The Picture: How Bisexuality Fits Into Lgbt Legal Strategy 10 Years After Bisexual Erasure, Heron Greenesmith 2009 American University, Washington College of Law

Drawing Bisexuality Back Into The Picture: How Bisexuality Fits Into Lgbt Legal Strategy 10 Years After Bisexual Erasure, Heron Greenesmith

Heron Greenesmith

In 2000, Kenji Yoshino published a paper exploring the social erasure of bisexuality. He introduces the paper by empirically proving that bisexuality was invisible through a quick survey of popular news sources that featured volumes more articles about homosexuality than bisexuality. Once he shows that bisexuality is invisible, he makes sure to distinguish between the incidental invisibility of bisexuality, perhaps because of the low number of bisexuals, and its deliberate erasure. Erasure is a deliberate act that involves the participation of people who seek to erase. Yoshino theorizes that monosexuals (heterosexuals and homosexuals) created an epistemic contract to erase bisexuality ...


How Does The Government Interact With Business?: From History To Controversies, Reza Dibadj 2009 University of San Francisco School of Law

How Does The Government Interact With Business?: From History To Controversies, Reza Dibadj

Reza Dibadj

The relationship between American government and American business is a vast topic of immeasurable complexity. In keeping with the timely and important theme of this Symposium, yet at the same try to focus its line of inquiry, this Article first offers a brief survey of the relationship between government and business viewed through a regulatory lens. Using this history as backdrop, it then uses three illustrative doctrinal areas as symptomatic of how this relationship has become problematic and how it might be improved. The piece is structured into two principal sections. Part I provides a historical overview of the history ...


A Lawyer Writes - Outlining, Timothy Blevins 2009 Florida Agricultural and Mechanical University

A Lawyer Writes - Outlining, Timothy Blevins

Timothy D Blevins

No abstract provided.


The Psychology Of Hope: Legal Educators Must Strengthen Students' "Waypower" To Succeed, Cassandra L. Hill 2009 Texas Southern University

The Psychology Of Hope: Legal Educators Must Strengthen Students' "Waypower" To Succeed, Cassandra L. Hill

Cassandra L. Hill

The power of hopeful thinking is often undervalued. According to C.R. Snyder, the father of hope theory, hope reflects a mental set in which we have the willpower to move toward a goal and the “waypower” or mental capacity to devise effective methods, plans, or paths to reach that goal. Both the willpower to succeed and the waypower to solve problems are required to have a truly hopeful attitude. Applying this formula to legal education, if law students lack either the willpower or the waypower for their goals, they cannot have high hope to succeed. And hope is a ...


Citizens United And The Threat To The Regulatory State, Tamara R. Piety 2009 University of Tulsa College of Law

Citizens United And The Threat To The Regulatory State, Tamara R. Piety

Tamara R. Piety

This brief essay, intended for publication in electronic form, discuses the connection between Citizens United v. FEC and the commercial speech doctrine arguing that Citizens United is likely to serve as ammunition to expand protection for commercial speech.


Why Not Row To The Bahamas Instead Of Miami?: The Conundrum That Awaits Cuban Elite Baseball Players Who Seek Asylum And The Economic Nirvana Of Free Agency, Danyahel Michael Norris 2009 Texas Southern University, Thurgood Marshall School of Law

Why Not Row To The Bahamas Instead Of Miami?: The Conundrum That Awaits Cuban Elite Baseball Players Who Seek Asylum And The Economic Nirvana Of Free Agency, Danyahel Michael Norris

Danyahel Norris

...The singular goal of all Cuban baseball defectors is to sign a lucrative contract to the highest bidder... It is a matter of some loose interpretation regarding how to treat a foreign player. This lack of clarity allows for a “loophole” so that Cuban baseball defectors can avoid the Rule 4 draft and become a free agent. The draft only applies to players from the United States ... If a player came from Cuba, or some other country not listed in Rule 4, then that player would not be subject to the draft. Usually, one can only achieve free-agent status by ...


Subsurface "Trespass": A Man's Subsurface Is Not His Castle, Owen L. Anderson 2009 University of Oklahoma Norman Campus

Subsurface "Trespass": A Man's Subsurface Is Not His Castle, Owen L. Anderson

Owen L. Anderson

No abstract provided.


A Dark Descent Into Reality: Making The Case For An Objective Definition Of Torture, Michael W. Lewis 2009 Ohio Northern University

A Dark Descent Into Reality: Making The Case For An Objective Definition Of Torture, Michael W. Lewis

Michael W. Lewis

The definition of torture is broken. The malleability of the term “severe pain or suffering” at the heart of the definition has created a situation in which the world agrees on the words but cannot agree on their meaning. The “I know it when I see it” nature of the discussion of torture makes it clear that the definition is largely left to the eye of the beholder. This is particularly problematic when international law’s reliance on self-enforcement is considered. After discussing current common misconceptions about intelligence gathering and coercion that are common to all sides of the torture ...


An Educational Approach To School Food: Using Nutrition Standards To Promote Healthy Dietary Habits, Timothy D. Lytton 2009 Albany Law School

An Educational Approach To School Food: Using Nutrition Standards To Promote Healthy Dietary Habits, Timothy D. Lytton

Timothy D. Lytton

This article proposes a novel approach to school food reform that promotes healthy dietary habits. Daily aggregate nutrition standardization (DANS) assigns each student an individualized standard to monitor the nutritional quality of all food provided to that student in school at any time of the day, including meals and snacks, whether from the cafeteria, vending machines, bake sales, or in class. DANS would enable schools to track all foods purchased by or served to a student each day and to compare the nutritional content of those foods to a nutrition standard appropriate for that student. Cafeteria registers and vending machines ...


Education Law Association, Zorka Karanxha 2009 University of South Florida

Education Law Association, Zorka Karanxha

Zorka Karanxha

No abstract provided.


Evolving Away From Evolving Standards Of Decency, John F. Stinneford 2009 University of Florida Levin College of Law

Evolving Away From Evolving Standards Of Decency, John F. Stinneford

John F. Stinneford

No abstract provided.


Hunt V. Mcnair, Zorka Karanxha 2009 University of South Florida

Hunt V. Mcnair, Zorka Karanxha

Zorka Karanxha

No abstract provided.


The Three Errors: Pathways To False Confession And Wrongful Conviction, Richard A. Leo, Steven A. Drizin 2009 University of San Francisco

The Three Errors: Pathways To False Confession And Wrongful Conviction, Richard A. Leo, Steven A. Drizin

Richard A. Leo

Research has demonstrated that false confessors whose cases are not dismissed before trial are often convicted despite their innocence. In order to prevent such wrongful convictions, criminal justice officials must better understand the role that false confessions play in creating and perpetuating miscarriages of justice. This chapter examines police-induced false confessions and analyzes three sequential errors that occur in the social production of every false confession: investigators first misclassify an innocent person as guilty; they next subject him to a guilt-presumptive, accusatory interrogation that invariably involves lies about evidence and often the repeated use of implicit and/or explicit promises ...


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