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Articles 1 - 22 of 22

Full-Text Articles in Law

Criminal Law And Procedure, Marla G. Decker, Stephen R. Mccullough Nov 2008

Criminal Law And Procedure, Marla G. Decker, Stephen R. Mccullough

University of Richmond Law Review

No abstract provided.


Punishing Pharmaceutical Companies For Unlawful Promotion Of Approved Drugs: Why The False Claims Act Is The Wrong Rx, Vicki W. Girard Aug 2008

Punishing Pharmaceutical Companies For Unlawful Promotion Of Approved Drugs: Why The False Claims Act Is The Wrong Rx, Vicki W. Girard

Vicki W Girard

This article criticizes the shift in focus from correction and compliance to punishment of pharmaceutical companies allegedly violating the Food, Drug, & Cosmetic Act (FD&C Act) prohibitions on unlawful drug promotion. Traditionally, the Food and Drug Administration (FDA) has addressed unlawful promotional activities under the misbranding and new drug provisions of the FD&C Act. Recently though, the Justice Department (DOJ) has expanded the purview of the False Claims Act to include the same allegedly unlawful behavior on the theory that unlawful promotion “induces” physicians to prescribe drugs that result in the filing of false claims for reimbursement. Unchecked and unchallenged, …


Jesting Pilate, Carl E. Schneider Jul 2008

Jesting Pilate, Carl E. Schneider

Articles

I have two goals this month. First, to examine a case that's in the news. Second, to counsel skepticism in reading news accounts of cases. Recently, I was talking with an admirable scholar. He said that transplant surgeons sometimes kill potential donors to obtain their organs efficiently. He added, "This isn't just an urban legend - there's a real case in California." A little research turned up California v. Roozrokh. A little Googling found stories from several reputable news sources. Their headlines indeed intimated that a transplant surgeon had tried to kill a patient to get transplantable organs. CNN.com: …


Improving Post-Approval Risk Surveillance For Drugs: Active Post-Market Risk Identification, Matthew Gordon Jan 2008

Improving Post-Approval Risk Surveillance For Drugs: Active Post-Market Risk Identification, Matthew Gordon

Michigan Telecommunications & Technology Law Review

Pre-approval clinical trials cannot possibly ensure that a drug will not have disastrous side effects once it arrives on the market. Post-approval drug safety data gathering was put in place to address this problem, but as implemented, it has not proven to be as effective as hoped. Congress recently overhauled the legislation regarding post-approval drug risk identification, and in doing so made a deliberate decision to put much of the burden of post-approval drug surveillance on the FDA through data mining. Further, the legislation gave the FDA the power to require post-approval clinical trials from drug makers only in limited …


Pushing Drugs Or Pushing The Envelope: The Prosecution Of Doctors In Connection With Over-Prescribing Of Opium-Based Drugs, Deborah Hellman Jan 2008

Pushing Drugs Or Pushing The Envelope: The Prosecution Of Doctors In Connection With Over-Prescribing Of Opium-Based Drugs, Deborah Hellman

Faculty Scholarship

No abstract provided.


Pathways Across The Valley Of Death: Novel Intellectual Property Strategies For Accelerated Drug Discovery, Arti K. Rai, Jerome H. Reichman, Paul F. Uhlir, Colin Crossman Jan 2008

Pathways Across The Valley Of Death: Novel Intellectual Property Strategies For Accelerated Drug Discovery, Arti K. Rai, Jerome H. Reichman, Paul F. Uhlir, Colin Crossman

Faculty Scholarship

Drug discovery is stagnating. Government agencies, industry analysts, and industry scientists have all noted that, despite significant increases in pharmaceutical R&D funding, the production of fundamentally new drugs - particularly drugs that work on new biological pathways and proteins - remains disappointingly low. To some extent, pharmaceutical firms are already embracing the prescription of new, more collaborative R&D organizational models suggested by industry analysts. In this Article, we build on collaborative strategies that firms are already employing by proposing a novel public-private collaboration that would help move upstream academic research across the valley of death that separates upstream research from …


Addressing Potential Drug Risks: The Limits Of Testing, Risk Signals, Preemption, And The Drug Reform Legislation, Margaret Gilhooley Jan 2008

Addressing Potential Drug Risks: The Limits Of Testing, Risk Signals, Preemption, And The Drug Reform Legislation, Margaret Gilhooley

South Carolina Law Review

No abstract provided.


Is Preemption Right For You - The Third Circuit Applies Preemption To A Misleading Drug Advertisement Claim In Pennsylvania Employee Benefit Trust Fund V. Zeneca, Inc., Diana Rabeh Jan 2008

Is Preemption Right For You - The Third Circuit Applies Preemption To A Misleading Drug Advertisement Claim In Pennsylvania Employee Benefit Trust Fund V. Zeneca, Inc., Diana Rabeh

Villanova Law Review

No abstract provided.


Building A Better Innovation System: Combining Facially Neutral Patent Standards Withtherapeutics Regulation, Arti K. Rai Jan 2008

Building A Better Innovation System: Combining Facially Neutral Patent Standards Withtherapeutics Regulation, Arti K. Rai

Faculty Scholarship

No abstract provided.


Pharma's Nonobvious Problem, Rebecca S. Eisenberg Jan 2008

Pharma's Nonobvious Problem, Rebecca S. Eisenberg

Articles

This Article considers the effect of the recent decision of the U.S. Supreme Court in KSR International Co. v. Teleflex, Inc. on the nonobviousness standard for patentability as applied to pharmaceutical patents. By calling for an expansive and flexible analysis and disapproving of the use of rigid formulas in evaluating an invention for obviousness, KSR may appear to make it easier for generic competitors to challenge the validity of drug patents. But an examination of the Federal Circuit's nonobviousness jurisprudence in the context of such challenges reveals that the Federal Circuit has been employing all along the sort of flexible …


Federal Labor Law Obstacles To Achieving A Completely Independent Drug Program In Major League Baseball, Robert D. Manfred Jr. Jan 2008

Federal Labor Law Obstacles To Achieving A Completely Independent Drug Program In Major League Baseball, Robert D. Manfred Jr.

Marquette Sports Law Review

No abstract provided.


The Immaculate Deception: How The Holy Grail Of Protectionism Led To The Great Steroid Era, Eldon L. Ham Jan 2008

The Immaculate Deception: How The Holy Grail Of Protectionism Led To The Great Steroid Era, Eldon L. Ham

Marquette Sports Law Review

No abstract provided.


Are We All Dopes? A Behavioral Law And Economics Approach To Legal Regulation Of Doping In Sports, Shayna M. Sigman Jan 2008

Are We All Dopes? A Behavioral Law And Economics Approach To Legal Regulation Of Doping In Sports, Shayna M. Sigman

Marquette Sports Law Review

No abstract provided.


Corruption: Its Impact On Fair Play, Richard H. Mclaren Jan 2008

Corruption: Its Impact On Fair Play, Richard H. Mclaren

Marquette Sports Law Review

No abstract provided.


A Call For Drug-Testing Of High School Student-Athletes, Scott A. Andresen Jan 2008

A Call For Drug-Testing Of High School Student-Athletes, Scott A. Andresen

Marquette Sports Law Review

No abstract provided.


From Medals To Morality: Sportive Nationalism And The Problem Of Doping In Sports, Dionne L. Koller Jan 2008

From Medals To Morality: Sportive Nationalism And The Problem Of Doping In Sports, Dionne L. Koller

Marquette Sports Law Review

No abstract provided.


Which Washington: Constitutions In Conflict?, Jonathan F. Duncan, Kristina V. Giddings Jan 2008

Which Washington: Constitutions In Conflict?, Jonathan F. Duncan, Kristina V. Giddings

Marquette Sports Law Review

No abstract provided.


Fall Of The Rocket: Steroids In Baseball And The Case Against Roger Clemens , Daniel Healey Jan 2008

Fall Of The Rocket: Steroids In Baseball And The Case Against Roger Clemens , Daniel Healey

Marquette Sports Law Review

No abstract provided.


Dopers Are Not Duped: Usada's Assistance To Federal Prosecutions Ultimately Protecting Clean Athletes Is Not State Action, Sarah L. Horvitz, Travis Tygart, Paul A. Turbow Jan 2008

Dopers Are Not Duped: Usada's Assistance To Federal Prosecutions Ultimately Protecting Clean Athletes Is Not State Action, Sarah L. Horvitz, Travis Tygart, Paul A. Turbow

Marquette Sports Law Review

No abstract provided.


The International Convention Against Doping In Sport: Is It The Missing Link To Usada Being A State Actor And Wadc Coverage Of U.S. Pro Athletes?, Michael Straubel Jan 2008

The International Convention Against Doping In Sport: Is It The Missing Link To Usada Being A State Actor And Wadc Coverage Of U.S. Pro Athletes?, Michael Straubel

Marquette Sports Law Review

No abstract provided.


The Body And The Law: How Physiological And Legal Obstacles Combine To Create Barriers To Accurate Drug Testing , Genevieve F.E. Birren, Jeremy C. Fransen Jan 2008

The Body And The Law: How Physiological And Legal Obstacles Combine To Create Barriers To Accurate Drug Testing , Genevieve F.E. Birren, Jeremy C. Fransen

Marquette Sports Law Review

No abstract provided.


Are We All Dopes? A Behavioral Law & Economics Approach To Legal Regulation Of Doping In Sports, Shawn Crincoli Jan 2008

Are We All Dopes? A Behavioral Law & Economics Approach To Legal Regulation Of Doping In Sports, Shawn Crincoli

Scholarly Works

No abstract provided.