Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- Bendectin (2)
- Cause of action (2)
- Daubert v. Merrell Dow Pharmaceuticals (2)
- Duty to warn (2)
- Informed consent (2)
-
- Obesity (2)
- Pelman v. McDonald's Corporation (2)
- Pharmaceuticals (2)
- Products liability (2)
- Risk (2)
- Teratogens (2)
- Administrative law (1)
- Advertising (1)
- African-American community (1)
- Andean Mountains (1)
- Angela Davis (1)
- Berger (Margaret) (1)
- Bernstein (David) (1)
- Central Hudson test (1)
- Class-action abuse (1)
- Colombia and the Andean Counterdrug Initiative (1)
- Colombian Expropriation Law (1)
- Colombian government (1)
- Commercial Speech doctrine (1)
- Commercial advertising (1)
- Constitutional law (1)
- Corporations (1)
- Costs (1)
- Criminal justice community (1)
- Department of Housing and Urban Development v. Rucker (1)
Articles 1 - 22 of 22
Full-Text Articles in Law
An Information Prescription For Drug Regulation, Anita Bernstein, Joseph Bernstein
An Information Prescription For Drug Regulation, Anita Bernstein, Joseph Bernstein
Buffalo Law Review
No abstract provided.
Why Pharmaceutical Firms Support Patent Trolls: The Disparate Impact Of Ebay V. Mercexchange On Innovation, Jeremiah S. Helm
Why Pharmaceutical Firms Support Patent Trolls: The Disparate Impact Of Ebay V. Mercexchange On Innovation, Jeremiah S. Helm
Michigan Telecommunications & Technology Law Review
Before the unanimous decision in eBay v. MercExchange, patent holders were almost always granted an injunction against an infringer. In fact, the Federal Circuit, in deciding eBay, noted that, upon a finding of infringement, an injunction would issue unless there were extraordinary circumstances. The Court, in a brief opinion, disagreed with the Federal Circuit and explained that the injunction issue in a patent case must be analyzed under the traditional four-factor test.[...] Is the four-factor test fairer or better than the Federal Circuit's near-automatic injunction rule? It is certainly more difficult to administer a factor test as compared to a …
A Tough Pill To Swallow: Does The First Amendment Prohibit Wv From Regulating Pharmaceutical Companies' Advertising Expenses To Lower The Cost Of Prescription Drugs?, Brienne Taylor Greiner
A Tough Pill To Swallow: Does The First Amendment Prohibit Wv From Regulating Pharmaceutical Companies' Advertising Expenses To Lower The Cost Of Prescription Drugs?, Brienne Taylor Greiner
West Virginia Law Review
No abstract provided.
Learning The Wrong Lessons From "An American Tragedy": A Critique Of The Berger-Twerski Informed Choice Proposal, David E. Bernstein
Learning The Wrong Lessons From "An American Tragedy": A Critique Of The Berger-Twerski Informed Choice Proposal, David E. Bernstein
Michigan Law Review
Margaret Berger and Aaron Twerski are among the leading scholars in their respective fields of Evidence and Products Liability. I have benefited from their work on many occasions. Precisely because of the deserved respect and esteem in which Berger and Twerski are held-not to mention the prominence of their forum, the Michigan Law Review-their proposal to create a new "informed choice" cause of action in pharmaceutical litigation is likely to receive sympathetic attention. Because I believe that their proposal is ill-conceived and dangerous, I feel compelled (with some trepidation) to write this response. Berger and Twerski propose that courts recognize …
From The Wrong End Of The Telescope: A Response To Professor David Bernstein, Margaret A. Berger, Aaron D. Twerski
From The Wrong End Of The Telescope: A Response To Professor David Bernstein, Margaret A. Berger, Aaron D. Twerski
Michigan Law Review
On the pages of this law review, in an article entitled Uncertainty and Informed Choice: Unmasking Daubert, the authors argued for the recognition of a new product liability cause of action when drug companies fail to warn about uncertain risks attendant to the use of non-therapeutic drugs whose purpose is to enhance lifestyle. We noted that in the post-Daubert era, plaintiffs have faced increasing difficulty in proving that a given toxic agent was causally responsible for the injuries suffered after ingesting a drug. That plaintiffs cannot overcome the barriers to proving injury causation does not mean that defendants have met …
Genetically Modified Crops In The Philippines: Can Existing Biosafety Regulations Adequately Protect The Environment?, Christina L. Richmond
Genetically Modified Crops In The Philippines: Can Existing Biosafety Regulations Adequately Protect The Environment?, Christina L. Richmond
Washington International Law Journal
Global concern persists about the use of genetically modified crops (“GM crops”). This concern originates from the divergent perspectives of nations with a stake in either the production or consumption of GM crops. Proponents of GM crops in developing countries claim that the crops could increase food supply by improving plant resistance to pesticides, thereby alleviating the need for farmers to purchase chemicals that are frequently expensive or unavailable. However, many organizations and countries are hesitant or outright opposed to GM crops, particularly regarding their potentially undesirable ecological and agricultural consequences. As one of the first Asian nations to approve …
A Taxonomy Of Obesity Litigation, Theodore H. Frank
A Taxonomy Of Obesity Litigation, Theodore H. Frank
University of Arkansas at Little Rock Law Review
No abstract provided.
Setting The Stage For Public Health: The Role Of Litigation In Controlling Obesity, Jason A. Smith
Setting The Stage For Public Health: The Role Of Litigation In Controlling Obesity, Jason A. Smith
University of Arkansas at Little Rock Law Review
No abstract provided.
Rights, Rules, And Raich, Alex Kreit
Regulating Food Advertisements: Some First Amendment Issues, John M. A. Dipippa
Regulating Food Advertisements: Some First Amendment Issues, John M. A. Dipippa
University of Arkansas at Little Rock Law Review
No abstract provided.
Getting It Right By Getting It Wrong: How The Supreme Court Helped Healthcare Reform By Incorrectly Applying The Standard Of Review In Pharmaceutical Research And Manufacturers Of America V. Walsh, Brian Y. Furuya
Brigham Young University Journal of Public Law
No abstract provided.
Merck V. Integra: Bailing Water Without Plugging The Hole, Benjamin G. Jackson
Merck V. Integra: Bailing Water Without Plugging The Hole, Benjamin G. Jackson
Brigham Young University Journal of Public Law
No abstract provided.
House Passage Of Cheeseburger Bill Cheered On By Food Industry, Andrea Binion
House Passage Of Cheeseburger Bill Cheered On By Food Industry, Andrea Binion
Public Interest Law Reporter
No abstract provided.
Bioshield 2: A Shot In The Right Direction?, Lindsay Frank
Bioshield 2: A Shot In The Right Direction?, Lindsay Frank
Public Interest Law Reporter
No abstract provided.
Conference Highlight - Panel: From Inmate To Legal Advocate , Kemba Smith
Conference Highlight - Panel: From Inmate To Legal Advocate , Kemba Smith
The Modern American
No abstract provided.
Conference Highlight-Northstar Award: Spotlight On Angela Davis , Jamin Raskin, Cynthia Jones
Conference Highlight-Northstar Award: Spotlight On Angela Davis , Jamin Raskin, Cynthia Jones
The Modern American
No abstract provided.
Volume 6 Issue 3, Sustainable Development Law & Policy
Volume 6 Issue 3, Sustainable Development Law & Policy
Sustainable Development Law & Policy
No abstract provided.
Safeguarding Organic Food: The Need For International Certification Standards, Balse Kornacki
Safeguarding Organic Food: The Need For International Certification Standards, Balse Kornacki
Sustainable Development Law & Policy
No abstract provided.
Chemical Taking: Glyphosate And The Eradication Of Due Process In Colombia, David A. Wilhite
Chemical Taking: Glyphosate And The Eradication Of Due Process In Colombia, David A. Wilhite
Sustainable Development Law & Policy
No abstract provided.
A Growing Controversy: Genetic Engineering In Agriculture, Holly Beth Frompovicz
A Growing Controversy: Genetic Engineering In Agriculture, Holly Beth Frompovicz
Villanova Environmental Law Journal
No abstract provided.
Has The Supreme Court Incorrectly Expanded § 271(E)(1) To Risk A Regulatory Taking?, 5 J. Marshall Rev. Intell. Prop. L. 216 (2006), Tara Stuart
UIC Review of Intellectual Property Law
The U.S.S.C. expanded the scope of the Hatch-Waxman Act’s safe harbor provision in Merck III to include protection for infringing use of any type of invention as long as a researcher intended to perform research reasonably relevant to FDA approval. This broad interpretation is inconsistent with the legislative intent of the Hatch-Waxman Act, and the policies of the U.S. patent system. Many patent owners may unnecessarily experience such a reduction in their property rights as to constitute a regulatory taking. The proposed narrow interpretation would rectify the constitutional problems and inconsistencies in infringement exemptions. Section 271(e)(1) should apply only to …
Suppression Of Innovation Or Collaborative Efficiencies?: An Antitrust Analysis Of A Research & Development Collaboration That Led To The Shelving Of A Promising Drug, 5 J. Marshall Rev. Intell. Prop. L. 348 (2006), Saami Zain
UIC Review of Intellectual Property Law
This article discusses antitrust issues present in research and development collaborations between competitors. In particular, it illustrates that, although often very beneficial, these collaborations may have the potential for considerable harm via suppression of innovation. The article examines a recent case involving a collaboration to develop drugs, which arguably resulted in the suppression of a promising drug.