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Full-Text Articles in Law
Patient Protection And Decision Aid Quality: Regulatory And Tort Law Approaches, Nadia N. Sawicki
Patient Protection And Decision Aid Quality: Regulatory And Tort Law Approaches, Nadia N. Sawicki
Nadia N. Sawicki
One of the most enduring debates at the intersection of administrative and tort law focuses on the challenge of identifying the most effective means of ensuring consumer safety. In some circumstances, standard-setting administrative regulations may be sufficient to protect consumers from harm while at the same supporting the growth of valuable industries. In other circumstances, regulation may need to be supplemented by a complementary tort regime that fills the compensation gap when consumers suffer injury. The discussion among policymakers and legal scholars about which system to favor is continually playing out in a variety of arenas, most notably in the …
2012 Cumulative Supplement, Vicki Macdougall
2012 Cumulative Supplement, Vicki Macdougall
Vicki Lawrence MacDougall
No abstract provided.
The Growing Consumer Exposure To Nanotechnology In Everyday Products: Regulating Innovative Technologies In Light Of Lessons From The Past, K Van Tassel, R Goldman
The Growing Consumer Exposure To Nanotechnology In Everyday Products: Regulating Innovative Technologies In Light Of Lessons From The Past, K Van Tassel, R Goldman
Katharine A. Van Tassel
Consumers in the United States are being exposed to steadily increasing levels of novel and untested engineered nanoparticles as a result of their contact with everyday consumer products. Nanoparticles are very small particles that are engineered using innovative technologies to be 1 to 100 nanometers in size. Just how small is small? In comparison, a human hair is 80,000 nanometers wide. Nanoscale materials are increasingly being used in a wide variety of areas, including electronic, magnetic, medical imaging, drug delivery, catalytic, materials applications, and cosmetic products. According to the National Institute of Occupational Health, new nanotechnology consumer products are coming …
The Growing Consumer Exposure To Nanotechnology In Everyday Products: Regulating Innovative Technologies In Light Of Lessons From The Past, K Van Tassel, R Goldman
The Growing Consumer Exposure To Nanotechnology In Everyday Products: Regulating Innovative Technologies In Light Of Lessons From The Past, K Van Tassel, R Goldman
Katharine A. Van Tassel
Consumers in the United States are being exposed to steadily increasing levels of novel and untested substances as a result of their contact with consumer products containing nanoparticles. Hundreds of consumer products are being marketed for human consumption, including food, dietary supplements, cosmetics and sunscreens. This expanding market ignores the growing scientific understanding that nanoparticles can create unintended human health and environmental risks. This Article discusses the public health, regulatory, legal and ethical issues raised by the developing appreciation of the health risks associated with nanotech products and is arranged as follows. After this Introduction, this Article describes the present …
2011-2012 Cumulative Supplement, Vicki Macdougall
2011-2012 Cumulative Supplement, Vicki Macdougall
Vicki Lawrence MacDougall
No abstract provided.
Suing The Tobacco And Lead Pigment Industries: Government Litigation As Public Health Prescription, Donald G. Gifford
Suing The Tobacco And Lead Pigment Industries: Government Litigation As Public Health Prescription, Donald G. Gifford
Donald G Gifford
In Suing the Tobacco and Lead Pigment Industries, legal scholar Donald G. Gifford recounts the transformation of tort litigation in response to the challenge posed by victims of 21st-century public health crises who seek compensation from the product manufacturers. Class action litigation promised a strategy for documenting collective harm, but an increasingly conservative judicial and political climate limited this strategy. Then, in 1995, Mississippi attorney general Mike Moore initiated a parens patriae action on behalf of the state against cigarette manufacturers. Forty-five other states soon filed public product liability actions, seeking both compensation for the funds spent on public health …
2010-2011 Cumulative Supplement, Vicki Macdougall
2010-2011 Cumulative Supplement, Vicki Macdougall
Vicki Lawrence MacDougall
No abstract provided.
2008-2009 Cumulative Supplement, Vicki Macdougall
2008-2009 Cumulative Supplement, Vicki Macdougall
Vicki Lawrence MacDougall
No abstract provided.
Disparities Between Asbestosis And Silicosis Claims Generated By Litigation Screenings And Clinical Studies, Lester Brickman
Disparities Between Asbestosis And Silicosis Claims Generated By Litigation Screenings And Clinical Studies, Lester Brickman
Lester Brickman
In 2005, U.S. District Court Judge Janis Jack, presiding over an MDL proceeding involving 10,000 claims of silicosis emanating from litigation screenings, issued a 264 page opinion rejecting the reliability of thousands of medical reports generated by those screenings. Before issuing her opinion, she ordered a Daubert hearing to assess the reliability of these medical reports which had been issued by a handful of doctors. In furtherance of this unprecedented use of a Daubert hearing in a mass tort proceeding, she compelled the production of a large volume of evidence, under threat of contempt, that the screening companies and doctors …
Disparities Between Asbestosis And Silicosis Claims Generated By Litigation Screenings And Clinical Studies, Lester Brickman
Disparities Between Asbestosis And Silicosis Claims Generated By Litigation Screenings And Clinical Studies, Lester Brickman
Lester Brickman
In 2005, U.S. District Court Judge Janis Jack, presiding over an MDL proceeding involving 10,000 claims of silicosis emanating from litigation screenings, issued a 264 page opinion rejecting the reliability of thousands of medical reports generated by those screenings. Before issuing her opinion, she ordered a Daubert hearing to assess the reliability of these medical reports which had been issued by a handful of doctors. In furtherance of this unprecedented use of a Daubert hearing in a mass tort proceeding, she compelled the production of a large volume of evidence, under threat of contempt, that the screening companies and doctors …
2007 Cumulative Supplement To Oklahoma Product Liability Law, Vicki Macdougall
2007 Cumulative Supplement To Oklahoma Product Liability Law, Vicki Macdougall
Vicki Lawrence MacDougall
No abstract provided.
Oklahoma Product Liability Law, Vicki Macdougall
Oklahoma Product Liability Law, Vicki Macdougall
Vicki Lawrence MacDougall
No abstract provided.
Rationalizing Product Liability For Prescription Drugs: Implied Preemption, Federal Common Law, And Other Paths To Uniform Pharmaceutical Safety Standards (With D. Geiger), Mark Rosen
Mark D. Rosen
No abstract provided.
Products Liability Law In Oklahoma, Vicki Macdougall
Products Liability Law In Oklahoma, Vicki Macdougall
Vicki Lawrence MacDougall
No abstract provided.