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Full-Text Articles in Law
Renovations Needed: The Fda's Floor/Ceiling Framework, Preemption, And The Opioid Epidemic, Michael R. Abrams
Renovations Needed: The Fda's Floor/Ceiling Framework, Preemption, And The Opioid Epidemic, Michael R. Abrams
Michigan Law Review
The FDA’s regulatory framework for pharmaceuticals uses a “floor/ceiling” model: administrative rules set a “floor” of minimum safety, while state tort liability sets a “ceiling” of maximum protection. This model emphasizes premarket scrutiny but largely relies on the state common law “ceiling” to police the postapproval drug market. As the Supreme Court increasingly holds state tort law preempted by federal administrative standards, the FDA’s framework becomes increasingly imbalanced. In the face of a historic prescription medication overdose crisis, the Opioid Epidemic, this imbalance allows the pharmaceutical industry to avoid internalizing the public health costs of their opioid products. This Note …
International Control Of The Safety Of Nuclear-Powered Merchant Ships, William H. Berman, Lee M. Hydeman
International Control Of The Safety Of Nuclear-Powered Merchant Ships, William H. Berman, Lee M. Hydeman
Michigan Law Review
In recent years we have witnessed the transition of nuclear-powered ships from an imaginative dream to an engineering reality. This vast step from the drawing board to successful operation on the high-seas has taken place in a remarkably short span of time. Nevertheless, in the :flush of enthusiasm over the technological achievement, we must not lose sight of the fact that the promise of nuclear power for the propulsion of ships will not have been fulfilled until nuclear vessels are operating safely and economically over the maritime trade routes of the world. It would be unrealistic to assume that further …
Administrative Officers' Tort Liability, Kenneth Culp Davis
Administrative Officers' Tort Liability, Kenneth Culp Davis
Michigan Law Review
Case law on tort liability of public officers and employees is much more interesting than one might expect on the basis of abstract contemplation. The traditional common-law notion that an employee should, as against the employer, bear the ultimate responsibility for his negligence has been exposed as seriously unrealistic in a holding by a unanimous Supreme Court; the decision concerning the government employee is potentially applicable to corporate employees. The many holdings that officers are not liable for deliberate and malicious torts are based on the intriguing view that justice cannot be done when malice is proved, without opening the …
Constitutional Law - Carriers - Supersedure Of State Regulations By Federal Regulations - Regulation Of Hours Of Service Of Motor Vehicular Drivers - Effect Of Federal Motor Carrier Act Of 1935, Fred C. Newman
Michigan Law Review
Defendant, whose business was chiefly interstate, violated a statute of New Hampshire which regulated the hours of service of drivers of certain motor vehicles. The violation occurred after the passage of the Federal Motor Carrier Act of 1935, which, among other things, conferred authority upon the Interstate Commerce Commission "to establish reasonable requirements with respect to . . . maximum hours of service of employees" of common and contract carriers by motor vehicle in interstate commerce. At the time of the breach of the state statute, the Interstate Commerce Commission had not prescribed regulations as to hours of service. Defendant …