Law Commons^™

The Food And Drug Administration And The Command-And-Control Model Of Regulation, Eric R. Claeys

Saint Louis University Law Journal

No abstract provided.

Fat America: The Need For Regulation Under The Food, Drug, And Cosmetic Act, Sarah A. Kornblet

Saint Louis University Law Journal

No abstract provided.

Gaps, Inexperience, Inconsistencies, And Overlaps: Crisis In The Regulation Of Genetically Modified Plants And Animals, Gregory N. Mandel

William & Mary Law Review

The regulation of genetically modified products pursuant to statutes enacted decades prior to the advent of biotechnology has created a regulatory system that is passive rather than proactive about risks, has difficulty adapting to biotechnology advances, and is highly fractured and inefficient-transgenic plants and animals are governed by at least twelve different statutes and five different agencies or services. The deficiencies resulting from this piecemeal approach to regulation unnecessarily expose society and the environment to adverse risks of biotechnology and introduce numerous inefficiencies into the regulatory system. These risks and inefficiencies include gaps in regulation, duplicative and inconsistent regulation, unnecessary …

Biotechnology And The Law: A Consideration Of Intellectual Property Rights And Related Social Issues, Michael D. Mehta

The University of New Hampshire Law Review

[Excerpt] “Recent advances in biotechnology are expected by many to improve crop yield, reduce reliance on agricultural inputs like pesticides and herbicides, alleviate world hunger, improve the safety and effectiveness of pharmaceuticals, assist in the discovery of genes that trigger diseases like cancer, and make more efficient our legal institutions through DNA testing. Clearly, innovations in biotechnology are a powerful force for social change, and they pose unique challenges and opportunities for legal scholars and institutions. This section of the Pierce Law Review focuses on the interface between law and technology by examining how innovations in biotechnology accelerate debates about …

Wto And Gmos: Analyzing The European Community's Recent Regulations Covering The Labeling Of Genetically Modified Organisms, Brian Schwartz

Michigan Journal of International Law

This Note explores the compatibility of the EC's GMO regulations within the framework of the Agreement on the Application of Sanitary and Phytosanitary Measures ("SPS Agreement"), the Agreement on Technical Barriers to Trade ("TBT Agreement"), and the General Agreement on Tariffs and Trade 1994 ("GATT 1994" or "GAT"), all integral parts of the WTO Agreement. Part II presents arguments for or against the use of GM-products. Part III explores the concept of ecolabeling by analyzing the general goals of such programs, including the economic theory behind green consumerism and the characteristics necessary for effective schemes. Part IV describes the core …

Mandatory Recall Authority: A Sensible And Minimalist Approach To Improving Food Safety, Michael T. Roberts Esq.

Michael T. Roberts Esq.

No abstract provided.

A Continuing Whimsical Search For The True Meaning Of The Term “Product” In Products Liability Litigation, Charles E. Cantú

Faculty Articles

More than a decade has elapsed since an initial attempt was made to discern the true meaning of the term product in products liability litigation. At the time, a brief history of events leading up to the adoption of Section 402A of the Restatement (Second) of Torts was outlined, and it was emphasized that what had at first seemed so simple subsequently proved to be somewhat complex.

An examination of cases involving the sales/service transaction, as well as those involving real estate, blood, electricity, component parts, water, computer software, and ideas, sometimes held that what was involved was a product. …

The New Codex Alimentarius Commission Standards For Food Created With Modern Biotechnology: Implications For The Ec Gmo Framework's Compliance With The Sps Agreement, Aaron A. Ostrovsky

Michigan Journal of International Law

This Note makes two assertions. First, despite the fact that the Codex guidelines do not specifically invoke the Precautionary Principle in name, it can indeed be read into the guidelines in the amount of deference given to states in how they assess risk. This in turn means that the E.C.'s Deliberate Release Directive should be enjoy a presumption of compliance with both the SPS Agreement and the GATT. The second assertion is that even if the adjudicating body of the WTO finds that the Deliberate Release Directive, in relying on the Precautionary Principle, prescribes a higher level of protection than …