Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Agriculture (4)
- Opioids (3)
- Pharmaceutical industry (3)
- Addiction (2)
- FDA (2)
-
- Food safety (2)
- Health (2)
- Medical personnel--Malpractice (2)
- Reasonable care (Law) (2)
- Abortion (1)
- Affordable Care Act (1)
- Agricultural industry (1)
- Agricultural regulation (1)
- Beer (1)
- Beer distribution (1)
- BiDil (1)
- Brewers (1)
- Brewery law (1)
- Chiral switch (1)
- Climate change (1)
- Cloned animal meat (1)
- Constitutional law (1)
- Consumer information (1)
- Covid-19 (1)
- Craft beer (1)
- DEA (1)
- Damages (1)
- Dormant Commerce Clause (1)
- Drug costs (1)
- Drug delivery devices (1)
- Publication Year
- Publication
- Publication Type
Articles 1 - 28 of 28
Full-Text Articles in Law
Meals For All, Not Just The Cake Eaters: A Call For Universal School Lunch In Minnesota As A Step Towards Racial Equity, Anna Cousin
Mitchell Hamline Law Journal of Public Policy and Practice
No abstract provided.
Preempting State Prevention: How Fda Regulation Ensures Access To Abortion Medication, Jared Shea
Preempting State Prevention: How Fda Regulation Ensures Access To Abortion Medication, Jared Shea
Mitchell Hamline Law Review
No abstract provided.
Moving Away From Masking Pain: A Need For Modernization In Pain Management, Tori Collins
Moving Away From Masking Pain: A Need For Modernization In Pain Management, Tori Collins
Mitchell Hamline Law Journal of Public Policy and Practice
No abstract provided.
Where's The Beef? Meat Shortages, Farmer Needs, And Long-Term Recovery Policies In A Pandemic Era, Kim Vu-Dinh
Where's The Beef? Meat Shortages, Farmer Needs, And Long-Term Recovery Policies In A Pandemic Era, Kim Vu-Dinh
Faculty Scholarship
COVID-19 not only affected every hospital bed in the nation--if not the world; it also affected nearly every dinner table in America and beyond. Supply chain disruptions caused by the pandemic highlighted deep-seated problems with how we get our meat, and how difficult we make it for American farmers to sell to the family next door. Within a few months of the first reported case in the US, hundreds of workers from just two meat-processing plants on American shores became infected with COVID-19, and imports from around the world came to a standstill as factories and shipping companies were forced …
A Prescription For Crisis: Opioids, Patients, And The Controlled Substances Act, Dennis Davis
A Prescription For Crisis: Opioids, Patients, And The Controlled Substances Act, Dennis Davis
Mitchell Hamline Law Review
No abstract provided.
The Lawyer's Role In Improving "Humane" Meat Labeling, Ryne P. Smith
The Lawyer's Role In Improving "Humane" Meat Labeling, Ryne P. Smith
Mitchell Hamline Law Review
No abstract provided.
The Search For Answers: Overcoming Chaos And Inconsistency In Addressing The Opiod Crisis, John Kip Cornwell
The Search For Answers: Overcoming Chaos And Inconsistency In Addressing The Opiod Crisis, John Kip Cornwell
Mitchell Hamline Law Review
No abstract provided.
Minor Advances, Major Consequences: Hatch-Waxman Administers Exclusivity For Drug Delivery Devices, Taylor Stemler
Minor Advances, Major Consequences: Hatch-Waxman Administers Exclusivity For Drug Delivery Devices, Taylor Stemler
Mitchell Hamline Law Review
No abstract provided.
Drug Pricing—The Next Compliance Waterloo, Seth Whitelaw, Nicodemo Fiorentino, Jennifer O'Leary
Drug Pricing—The Next Compliance Waterloo, Seth Whitelaw, Nicodemo Fiorentino, Jennifer O'Leary
Mitchell Hamline Law Review
No abstract provided.
The Fda's Priority Review Voucher Program's Role In Bringing Benznidazle To Chagas Disease Patients In The United States, Lisa Cline
Cybaris®
No abstract provided.
What Is Useful And Novel? The Collision Between Intellectual Property Protection And Regulation Regarding Medical Devices, James Sutherland
What Is Useful And Novel? The Collision Between Intellectual Property Protection And Regulation Regarding Medical Devices, James Sutherland
Cybaris®
No abstract provided.
A Little Less Regulation: Why Federal Pain Management Laws Are Hurting State Efforts To Combat The Opioid Epidemic, Michael Waldrop
A Little Less Regulation: Why Federal Pain Management Laws Are Hurting State Efforts To Combat The Opioid Epidemic, Michael Waldrop
Mitchell Hamline Law Review
No abstract provided.
The Craft Brewing Boom And Minnesota's Three-Tier System: The Case For Change, Jeffrey C. O'Brien
The Craft Brewing Boom And Minnesota's Three-Tier System: The Case For Change, Jeffrey C. O'Brien
Mitchell Hamline Law Review
No abstract provided.
Pasture To Package: Ensuring Food Safety Compliance And Animal Welfare Integrity In Grass-Fed Beef Production, Lauren Manning
Pasture To Package: Ensuring Food Safety Compliance And Animal Welfare Integrity In Grass-Fed Beef Production, Lauren Manning
Mitchell Hamline Law Review
No abstract provided.
Unburdening The Farm: A Dormant Commerce Clause Challenge To Conflicting Standards In Agricultural Production, Bethany Gullman
Unburdening The Farm: A Dormant Commerce Clause Challenge To Conflicting Standards In Agricultural Production, Bethany Gullman
Mitchell Hamline Law Review
No abstract provided.
Moving In Opposite Directions? Exploring Trends In Consumer Demand And Agricultural Production, Susan A. Schneider
Moving In Opposite Directions? Exploring Trends In Consumer Demand And Agricultural Production, Susan A. Schneider
Mitchell Hamline Law Review
No abstract provided.
Cloned Meat, Voluntary Food Labeling, And Organic Oreos, Donna M. Byrne
Cloned Meat, Voluntary Food Labeling, And Organic Oreos, Donna M. Byrne
Faculty Scholarship
In December 2006, the Food and Drug Administration (FDA) announced that it had reviewed all the available evidence and was poised to approve meat and milk from cloned animals and their progeny. Such products, said the FDA, are virtually identical to meat or milk from a non-clone. Further, the FDA announced it would almost certainly not require food from clones to be labeled as such. Part I of this article identifies three functions that labels perform, outlines the types of information usually required, and introduces the rule that voluntary label information cannot be misleading. Part II focuses on process information …
Minnesota: Leading The Way On Canadian Prescription Medicine Importation, Kevin Goodno, Karen Janisch
Minnesota: Leading The Way On Canadian Prescription Medicine Importation, Kevin Goodno, Karen Janisch
William Mitchell Law Review
In the United States, about $160 billion is spent on prescription medicines each year, with Minnesotans spending about $3 billion. The costs of prescription medicines receive so much attention in large part because, although prescription medicine costs constitute only 10.5% of total health care spending, they account for 23% of the total out-of-pocket costs that people incur when purchasing health care. Minnesota has been a leader in controlling prescription medicine costs. It has aggressively used purchasing pools when possible, and encouraged the use of lower cost, generic prescription medicines when appropriate. Even with these efforts to control costs, prescription medicines …
Aetna V. Davila/Cigna V. Calad: A Missed Opportunity, Leonard A. Nelson
Aetna V. Davila/Cigna V. Calad: A Missed Opportunity, Leonard A. Nelson
William Mitchell Law Review
On June 21, 2004, the United States Supreme Court decided the health law “case of the year” in the two consolidated cases of Aetna Health, Inc. v. Davila and CIGNA HealthCare of Texas, Inc. v. Calad. The Court held that section 502(a) of the Employee Retirement Income Security Act of 1974 (ERISA) “completely preempt[s]” and thus invalidates the tort liability provisions of the Texas Health Care Liability Act (THCLA). The case could potentially affect the rights of millions of Americans in a matter of vital concern—whether they will receive the health insurance coverage promised them if they become unable to …
Note: Capping Noneconomic Damages In Medical Malpractice Suits Is Not The Panacea Of The “Medical Liability Crisis”, Melissa C. Gregory
Note: Capping Noneconomic Damages In Medical Malpractice Suits Is Not The Panacea Of The “Medical Liability Crisis”, Melissa C. Gregory
William Mitchell Law Review
This note explores the history behind the rising costs of medical malpractice insurance rates and the responsive state legislative proposals to limit noneconomic damages. The current state of health care liability and the recent federal proposals that include caps on noneconomic damages are then discussed. This note analyzes the reasons why the federal government should not cap noneconomic damages, primarily because: (1) states are better able to regulate health care, (2) noneconomic damages are not the determinate cause of rising medical malpractice insurance rates, and (3) caps infringe on equal protection guarantees by limiting compensation of medical malpractice victims. This …
Off-Label Use And The Medical Negligence Standard Under Minnesota Law, Cynthia A. Moyer
Off-Label Use And The Medical Negligence Standard Under Minnesota Law, Cynthia A. Moyer
William Mitchell Law Review
Who decides whether a drug can be used off-label and under what circumstances? If a physician decides to prescribe a drug off-label, what legal issues, if any, should the physician be aware of? With the increased practice of prescribing drugs for off-label use, coupled with a somewhat dated and incomplete medical negligence standard in Minnesota, the intersection of the off-label use doctrine with Minnesota’s medical negligence standard is ripe for review. This article examines the off-label use doctrine and the medical negligence standard under Minnesota law. First, the article examines what the phrase “off-label use” means. Next, the article explores …
Note: Exclusive Licensing Of Dna Diagnostics: Is There A Negative Effect On Quantity And Quality Of Healthcare Delivery That Compels Nih Rulemaking?, Edward Weck
William Mitchell Law Review
This comment surveys the costs of deoxyribonucleic acid (DNA) diagnostic tests and argues in favor of non-exclusive licensing as a means to provide broad access to affordable DNA diagnostic testing. Part II provides background information on genetic testing, patenting genes as applied to genetic testing, the Bayh-Dole Act, and technology transfer. In addition, Part II summarizes academic commentary regarding the implications of exclusive licensing for biotechnology. Scholars propose a number of solutions, including expanding the experimental use exception. Part III details proposed rulemaking for DNA diagnostics. Part IV reviews anecdotal examples of genetic testing for breast cancer, hereditary hemochromatosis, and …
Note: A Painful Catch-22: Why Tort Liability For Inadequate Pain Management Will Make For Bad Medicine, James R. Blaufuss
Note: A Painful Catch-22: Why Tort Liability For Inadequate Pain Management Will Make For Bad Medicine, James R. Blaufuss
William Mitchell Law Review
Part I of this note reviews current issues relating to pain treatment. Part II examines theoretical justifications of proposed tort liability for inadequate pain management. Part III examines how pain mismanagement does not fit within traditional notions of medical malpractice. Part IV studies the issues relating to a physician’s role as “gate-keeper” for opioids and suggests why tort liability could compromise this legislatively imposed role. Part V examines the issue of pain management in the context of end-of-life care. Part VI discusses current shifts in pain management philosophies and explains how these movements will effectuate the changes suggested by advocates …
Note: Poison In Our Own Backyards: What Minnesota Legislators Are Doing To Warn Property Purchasers Of The Dangers Of Former Clandestine Methamphetamine Labs, Signe Land Levine
Note: Poison In Our Own Backyards: What Minnesota Legislators Are Doing To Warn Property Purchasers Of The Dangers Of Former Clandestine Methamphetamine Labs, Signe Land Levine
William Mitchell Law Review
The article begins with an overview of the problems of meth abuse and manufacture in Minnesota, as well as the toxins that are left behind after physical evidence of meth labs has been removed. A discussion of current statutory seller disclosure provisions in Minnesota and in other states then follows. The article next analyzes proposed Minnesota legislation that has attempted to address the problem. A survey follows of six statutory models that provide guidance for drafting legislation to encompass disclosure, buyers’ remedies, filing forms in county land records, and requiring state-wide standards for proper cleanup. Finally, a comprehensive workable solution …
Molloy V. Meier Extends Genetic Counseling Duty Of Care To Biological Mcclain Parents And Establishes That Legal Damages Must Occur Before A Wrongful Conception Action Accrues For Statute Of Limitations Purposes, Mark Hallberg, Teresa Fariss
Molloy V. Meier Extends Genetic Counseling Duty Of Care To Biological Mcclain Parents And Establishes That Legal Damages Must Occur Before A Wrongful Conception Action Accrues For Statute Of Limitations Purposes, Mark Hallberg, Teresa Fariss
William Mitchell Law Review
Inherited genetic disorders are a well-known cause of developmental delays in children. It is, therefore, “foreseeable” to physicians treating developmentally delayed children that parents of these children will rely on the physicians’ opinions of whether a genetic cause exists. Accordingly in 1992, when Dr. Diane Meier, a pediatrician, discovered developmental delays in S.F., the three-year-old daughter of Kimberly Flomer (now Molloy) and Robert Flomer, “accepted standards of pediatric practice” required Dr. Meier to order genetic testing, including testing for Fragile X Syndrome, one of the most common causes of inherited mental retardation. The foreseeable consequences of Dr. Meier’s alleged failure …
Raich, Health Care, And The Commerce Clause, Alex Kreit, Aaron Marcus
Raich, Health Care, And The Commerce Clause, Alex Kreit, Aaron Marcus
William Mitchell Law Review
This article considers to what extent health care may be viewed as a traditional area of state concern in the context of the Supreme Court’s revival of federalism principles, in particular limits on Congress’ Commerce Clause power, and what effect Raich v. Ashcroft, heard by the Court in the fall 2004 term, might have on these issues. Addressing these questions will necessarily involve exploration of medical marijuana policy as well as the role of the “traditional state interest” principle within the Commerce Clause. However, the central focus of this article is not what impact Raich may have on the Commerce …
How A Drug Becomes ‘Ethnic’: Law, Commerce, And The Production Of Racial Categories In Medicine, Jonathan Kahn
How A Drug Becomes ‘Ethnic’: Law, Commerce, And The Production Of Racial Categories In Medicine, Jonathan Kahn
Faculty Scholarship
A drug called BiDil is poised to become the first drug ever approved by the Food and Drug Administration (FDA) to treat heart failure in African Americans - and only African Americans. This article explores the story of BiDil and considers some of its broader implications for the use of racial categories in law, medicine, and science. It argues that BiDil is an ethnic drug today as much, if not more because of the interventions of law and commerce as because of any biomedical considerations. The article is, first, a retrospective analysis of how law, commerce, science, and medicine interacted …
Animal Feedlot Regulation In Minnesota, Marcia R. Gelpe
Animal Feedlot Regulation In Minnesota, Marcia R. Gelpe
Faculty Scholarship
Animal feedlots frequently are the subject of dispute between operators and surrounding landowners. In this Article, Professor Gelpe identifies the environmental problems created by animal feedlots and discusses the common-law remedies. In addition, Professor Gelpe provides valuable insights into the application and Interpretation of feedlot regulations recently enacted by Minnesota.