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Articles 1 - 28 of 28
Full-Text Articles in Law
Freedom Not To See A Doctor: The Path Toward Over-The-Counter Abortion Pills, Lewis Grossman
Freedom Not To See A Doctor: The Path Toward Over-The-Counter Abortion Pills, Lewis Grossman
Articles in Law Reviews & Other Academic Journals
American courts and lawmakers are engaged in an epic struggle over the fate of abortion pills. While some anti-abortion activists are attempting to drive the pills off the market entirely, supporters of reproductive rights are striving to make them more easily accessible. This Article advances the latter mission with a bold proposal: FDA should consider allowing abortion pills to be sold over the counter (OTC). Abortion rights supporters argue that FDA should repeal the special distribution and use restrictions it unnecessarily imposes on mifepristone, one of two drugs in the medication abortion regimen. Even if FDA removed these restrictions, however, …
Not So Juris-Prudent: The Misguided Movement To Abandon Chevron Deference Through The Lens Of Mifepristone And The Attacks On Fda Autonomy, Ella Seltzer
Upper Level Writing Requirement Research Papers
No abstract provided.
Trademark Issues In The Cannabis Industry Under U.S. Law (Cannabis, Recreational Use), Christine Farley, Erik Ponce, Rachel Santarlas, Zara Snapp
Trademark Issues In The Cannabis Industry Under U.S. Law (Cannabis, Recreational Use), Christine Farley, Erik Ponce, Rachel Santarlas, Zara Snapp
Presentations
By Mexican Group of the International Association for the Protection of Intellectual Property (Association Internationale pour la Protection de la Propriété Intellectuelle, AIPPI)
Please Consult Your Lawyer Before Taking Sorrell: How The Fda Should Approach Social Media For Prescription Drug Advertising, Steven Valentino
Please Consult Your Lawyer Before Taking Sorrell: How The Fda Should Approach Social Media For Prescription Drug Advertising, Steven Valentino
Upper Level Writing Requirement Research Papers
No abstract provided.
Supply And Demand: Navigating Emergency Regulatory Developments In The Fight Against Opioid Use Disorder, Eva Bogdewic
Supply And Demand: Navigating Emergency Regulatory Developments In The Fight Against Opioid Use Disorder, Eva Bogdewic
Upper Level Writing Requirement Research Papers
No abstract provided.
Revisiting Cook V. Food And Drug Administration: A Lens For Analyzing The Current State Of Fda Enforcement And Assurance Of Product Quality – Increased Oversight Or Not Enough?, Catherine Gould
Upper Level Writing Requirement Research Papers
No abstract provided.
Acting Differently: How Science On The Social Brain Can Inform Antidiscrimination Law, Susan Carle
Acting Differently: How Science On The Social Brain Can Inform Antidiscrimination Law, Susan Carle
Articles in Law Reviews & Other Academic Journals
Legal scholars are becoming increasingly interested in how the literature on implicit bias helps explain illegal discrimination. However, these scholars have not yet mined all of the insights that science on the social brain can offer antidiscrimination law. That science, which researchers refer to as social neuroscience, involves a broadly interdisciplinary approach anchored in experimental natural science methodologies. Social neuroscience shows that the brain tends to evaluate others by distinguishing between "us" versus "them" on the basis of often insignificant characteristics, such as how people dress, sing, joke, or otherwise behave. Subtle behavioral markers signal social identity and group membership, …
Life, Liberty, [And The Pursuit Of Happiness]: Medical Marijuana Regulation In Historical Context, Lewis Grossman
Life, Liberty, [And The Pursuit Of Happiness]: Medical Marijuana Regulation In Historical Context, Lewis Grossman
Articles in Law Reviews & Other Academic Journals
The struggle for access to medical marijuana differs from most other battles for therapeutic freedom in American history because marijuana also has a popular, though controversial, nontherapeutic use—delivery of a recreational high. After considering struggles over the medical use of alcohol during prohibition as a precedent, this chapter relates the history of medical marijuana use and regulation in the United States. The bulk of the chapter focuses on the medical marijuana movement from the 1970s to present. This campaign has been one of the prime examples of a successful extrajudicial social movement for freedom of therapeutic choice. With the exception …
Guns N' Ganja: How Federalism Criminalizes The Lawful Use Of Marijuana, Ira P. Robbins
Guns N' Ganja: How Federalism Criminalizes The Lawful Use Of Marijuana, Ira P. Robbins
Articles in Law Reviews & Other Academic Journals
Federalism is a vital tenet of our Republic. Although federal law is the supreme law of the land, our Constitution recognizes the integral role that state law plays in the national scheme. Like any pharmaceutical drug that withstands rounds of clinical testing, state law functions as a laboratory in which Congress can evaluate and potentially adopt novel policies on a nation-wide basis. Most of the time, federal and state law exist harmoniously, complementing one another; other times, however, the two systems clash, striking a dissonant chord.
In the United States, state marijuana laws are currently on a crash course with …
Notice And Standing In The Fourth Amendment: Searches Of Personal Data, Jennifer Daskal
Notice And Standing In The Fourth Amendment: Searches Of Personal Data, Jennifer Daskal
Articles in Law Reviews & Other Academic Journals
In at least two recent cases, courts have rejected service providers' capacity to raise Fourth Amendment claims on behalf of their customers. These holdings rely on longstanding Supreme Court doctrine establishing a general rule against third parties asserting the Fourth Amendment rights of others. However, there is a key difference between these two recent cases and those cases on which the doctrine rests. The relevant Supreme Court doctrine stems from situations in which someone could take action to raise the Fourth Amendment claim, even if the particular thirdparty litigant could not. In the situations presented by the recent cases, by …
Enforcement Discretion Under Attack: Implications For Fda, Lewis Grossman
Enforcement Discretion Under Attack: Implications For Fda, Lewis Grossman
Articles in Law Reviews & Other Academic Journals
Author's Note: On June 23, as this article was going to press, the Supreme Court deadlocked 4-4 in U.S. v. Texas, thus affirming a preliminary injunction against implementation of the Obama Administration’s deferred-action program for millions of undocumented immigrants. Because the Court’s terse per curiam decision established no precedent, the questions that the case raised regarding the permissible scope of administrative enforcement discretion remain unresolved on the national level. The Supreme Court will likely consider them again—after a decision on a permanent injunction in the same case, in a similar immigration dispute, or perhaps in another field of administrative law. …
Aids Activists, Fda Regulation, And The Amendment Of America's Drug Constitution, Lewis Grossman
Aids Activists, Fda Regulation, And The Amendment Of America's Drug Constitution, Lewis Grossman
Articles in Law Reviews & Other Academic Journals
This Article explores how AIDS activists, desperate for access to potentially life-saving pharmaceuticals, permanently transformed America’s “drug constitution.” Their advocacy altered the FDA’s interpretation and application of the federal Food, Drug, and Cosmetic Act (FDCA) so as to expedite the availability of new, unproven drugs for critical illnesses, thus enhancing individual patients’ autonomy to make therapeutic choices without government interference.The FDCA is more than simple set of instructions to a federal agency — it is a source of vitally important and deeply entrenched institutional and normative frameworks. Like major civil rights, antitrust, and environmental statutes, the FDCA should be viewed …
Orthodoxy And 'The Other Man's Doxy': Medical Licensing And Medical Freedom In The Gilded Age, Lewis Grossman
Orthodoxy And 'The Other Man's Doxy': Medical Licensing And Medical Freedom In The Gilded Age, Lewis Grossman
Articles in Law Reviews & Other Academic Journals
This is a draft of Chapter Two of my book-in-progress under contract with Oxford University Press titled You Can Choose Your Medicine: Freedom of Therapeutic Choice in American History and Law. This chapter shows how freedom of therapeutic choice remained an influential theme in American policy and thought in the Gilded Age. Despite the almost universal restoration of medical licensing after the Civil War, the new licensing regimes were drafted and enforced in ways that protected the rights of practitioners and patients of nonorthodox schools of medicine.This chapter starts by briefly describing the main alternative medical sects during the Gilded …
Sugary Drinks, Happy Meals, Social Norms, And The Law, Lindsay Wiley
Sugary Drinks, Happy Meals, Social Norms, And The Law, Lindsay Wiley
Articles in Law Reviews & Other Academic Journals
What role should government play in discouraging harmful overconsumption? What modes of government intervention best strike the balance between effectiveness and political acceptability? It is well established that government has a legitimate interest in protecting the health and safety of the people, even from their own choices and actions. Furthermore, there is no fundamental right to sell or purchase particular services or products in particular configurations. The appropriate question, then, is not what government may do to prevent non- communicable diseases that are associated with individual behavior choices, but rather what government should do. This comment on David Friedman's Public …
Fda And The Rise Of The Empowered Consumer, Lewis Grossman
Fda And The Rise Of The Empowered Consumer, Lewis Grossman
Articles in Law Reviews & Other Academic Journals
This Article traces the still-evolving view of consumers of FDA-regulated products as capable, rational, and rights-bearing decision makers. It also examines the corresponding diminution of FDA’s role as a paternalistic gatekeeper collaborating with medical and scientific experts to prevent products and manufacturer-provided information from reaching the public. Compared with their 1960s counterparts, today’s consumers of food and drugs have far greater freedom to make unmediated choices among a wider variety of products, guided by a relative deluge of labeling and advertising information. Moreover, food and drug regulation, once the exclusive domain of bureaucrats and experts, has become a focus of …
Shame, Blame, And The Emerging Law Of Obesity Control, Lindsay Wiley
Shame, Blame, And The Emerging Law Of Obesity Control, Lindsay Wiley
Articles in Law Reviews & Other Academic Journals
In using law as a tool to combat the obesity epidemic, legal scholars and policymakers are drawing heavily on the lessons of tobacco control. This Article describes the resulting emergence of "obesity control law" and argues for a radical reorientation of it from a "denormalization" strategy based on the tobacco control experience to a "destigmatization" strategy based on the HIV prevention experience. The war on obesity is nearing a political crossroads. Subsidies and food industry regulations aimed at making our environment more conducive to physical activity and healthy eating are in danger of losing out to cheaper and more politically …
The U.S. Department Of Agriculture As A Public Health Agency, Lindsay Wiley
The U.S. Department Of Agriculture As A Public Health Agency, Lindsay Wiley
Articles in Law Reviews & Other Academic Journals
Introduction: The "war on obesity" is now well into its second decade.' What began as an effort to encourage medical doctors to screen and treat patients whose weight put them at risk for health problems has transformed into a much broader public health campaign to address the root causes of obesity. A growing number of state, territorial and local health departments are currently exploring new ways to promote healthy eating and physical activity. At the federal level, the U.S. Centers for Disease Control and Prevention (CDC) has made "nutrition, physical activity and obesity" a top priority.
Who’S Your Nanny, Lindsay Wiley
Who’S Your Nanny, Lindsay Wiley
Articles in Law Reviews & Other Academic Journals
INTRODUCTION: In June 2012, New York City Mayor Michael Bloomberg announced his plans for a ban on the sale of sugary beverages in containers larger than 16 ounces. Shortly thereafter, the Center for Consumer Freedom took out a full-page ad in the New York Times featuring Bloomberg photo-shopped into a matronly dress with the tag line "New Yorkers need a Mayor, not a Nanny."1 On television, the CATO Institute's Michael Cannon declared, "This is the most ridiculous sort of nanny state-ism; [ilt's none of the mayor's business how much soda people are drinking." And in news- papers around the country, …
One Size Does Not Fit All, David Spratt
One Size Does Not Fit All, David Spratt
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Brief Of Aarp And The National Legislative Association On Prescription Drug Prices As Amici Curiae In Support Of Petitioners, Sean Flynn
Amicus Briefs
This brief was written in support of Vermont’s Prescription Confidentiality Law, which regulates the confidentiality of prescription records and protects them from being used by pharmaceutical companies as a “targeting tool” to identify doctors most susceptible to sales messages.
Special 301 Of The Trade Act Of 1974 And Global Access To Medicine, Sean Flynn
Special 301 Of The Trade Act Of 1974 And Global Access To Medicine, Sean Flynn
Articles in Law Reviews & Other Academic Journals
Since its inception in 1988, the United States Trade Representative’s “Special 301” adjudication of foreign intellectual property law standards has been used to promote policies restricting access to affordable medications around the world. President-elect Obama released a platform promising to “break the stranglehold that a few big drug and insurance companies have on these life-saving drugs” and pledged support for “the rights of sovereign nations to access quality-assured, low-cost generic medication to meet their pressing public health needs.” The 2009 and 2010 Special 301 reports, however, indicate that the Obama Administration has not yet implemented this pledge into administration trade …
An Economic Justification For Open Access To Essential Medicine Patents In Developing Countries, Sean Flynn, Aidan Hollis, Mike Palmedo
An Economic Justification For Open Access To Essential Medicine Patents In Developing Countries, Sean Flynn, Aidan Hollis, Mike Palmedo
Articles in Law Reviews & Other Academic Journals
This paper offers an economic rationale for compulsory licensing of needed medicines in developing countries. The patent system is based on a trade-off between the “deadweight losses” caused by market power and the incentive to innovate created by increased profits from monopoly pricing during the period of the patent. However, markets for essential medicines under patent in developing countries with high income inequality are characterized by highly convex demand curves, producing large deadweight losses relative to potential profits when monopoly firms exercise profit-maximizing pricing strategies. As a result, these markets are systematically ill-suited to exclusive marketing rights, a problem which …
Food, Drugs, And Droods: A Historical Consideration Of Definitions And Categories In American Food And Drug Law, Lewis Grossman
Food, Drugs, And Droods: A Historical Consideration Of Definitions And Categories In American Food And Drug Law, Lewis Grossman
Articles in Law Reviews & Other Academic Journals
This article explores the development and interaction of the legal and cultural categories food and drug from the late nineteenth century to the present. It is based not only on legal and historical research, but also on theories of category formation from the fields of linguistics and psychology.The scope of the Food and Drug Administration's power is defined primarily by the list of product categories over which it has jurisdiction. The statutory definitions of these categories (food, drug, cosmetic, device, and human biological product) thus delineate the outer boundaries of the arena within which the agency operates. The definitions are …
Brief Of Amicus Curiae, The National Legislative Association On Prescription Drug Prices, The New Hampshire Medical Society, And Prescription Policy Choices In Support Of Defendant's Objection To Plaintiff's Motion For Preliminary Injunction, Sean Flynn
Amicus Briefs
Plaintiffs in this case seek a preliminary injunction to prevent the enforcement of the New Hampshire Prescription Confidentiality Act, which protects consumers and the privacy interests of doctors in the state of New Hampshire from the increasingly common practice of using doctor-identifying information in prescription records to facilitate targeting of pharmaceutical marketing and gifts toward doctors who prescribe the most expensive drugs for their patients. This practice raises drug costs for all New Hampshire residents and compromises the professional autonomy of doctors. This brief addresses the failure of the plaintiffs to show that they are likely to succeed on the …
Judicial Review Of Fda Preemption Determinations, Amanda Frost
Judicial Review Of Fda Preemption Determinations, Amanda Frost
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Crime And Punishment: Benign Neglect Of Racism In The Criminal Justice System, Angela J. Davis
Crime And Punishment: Benign Neglect Of Racism In The Criminal Justice System, Angela J. Davis
Articles in Law Reviews & Other Academic Journals
This article is a literary review and analysis of Malign Neglect: Race, Crime, and Punishment in America by Michael Tonry (1995). Part I of this review describes Tonry's analysis of the crime policies of the Reagan and Bush administrations. Part II discusses Tonry's indictment of the War on Drugs and criticizes his failure to acknowledge the effects of discriminatory prosecutorial practices and sentencing laws. Part III critiques Tonry's trivialization of the significance of race discrimination in the criminal justice system more generally. Part IV summarizes Tonry's proposals for change and stresses the importance of documenting, examining, and eliminating racial bias …
Anatomy Of A Regulatory Program: Comment On 'Strategic Regulators And The Choice Of Rulemaking Procedures', Jeffrey Lubbers
Anatomy Of A Regulatory Program: Comment On 'Strategic Regulators And The Choice Of Rulemaking Procedures', Jeffrey Lubbers
Articles in Law Reviews & Other Academic Journals
Besides being a very interesting, cogent, and even a tidy study, "Strategic Regulators" sheds some bright light on agency behavior and on the important issue of whether agency rulemaking may be "ossifying."
The study design employed by Hamilton and Schroeder is attractively simple. They started with all of the Environmental Protection Agency's ("EPA's") hazardous waste regulations under the Resource Conservation and Recovery Act ("RCRA") appearing in the Code of Federal Regulations ("CFR"), counting each decimal point CFR number as a separate rule. This yielded 697 rules. They then examined all EPA/RCRA guidance documents issued since the inception of the program …
Improving Substance Abuse Treatment For Women, Brenda V. Smith
Improving Substance Abuse Treatment For Women, Brenda V. Smith
Articles in Law Reviews & Other Academic Journals
Alcohol and other drug use among women of child-bearing age has increased dramatically, and, as a result, more pregnant women are faced with alcohol and other drug problems. The only known national estimate suggests that 11 percent of pregnant women used illegal drugs during their pregnancy. Although pregnant crack-addicted women have received the most media attention, the problem is no less serious for alcohol and other drugs.
Alcohol and other drug use during pregnancy has negative physical and psychological consequences for both the mother and the child. Alcoholic mothers are at risk of having infants with fetal alcohol syndrome, which …