Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Seattle University School of Law (202)
- American University Washington College of Law (200)
- UIC School of Law (34)
- University of Michigan Law School (34)
- University of Arkansas, Fayetteville (30)
-
- Cleveland State University (29)
- Schulich School of Law, Dalhousie University (24)
- Yeshiva University, Cardozo School of Law (21)
- Brooklyn Law School (19)
- BLR (16)
- University of Georgia School of Law (15)
- Georgetown University Law Center (14)
- Georgia State University College of Law (14)
- Mitchell Hamline School of Law (14)
- Washington and Lee University School of Law (14)
- Penn State Dickinson Law (12)
- Vanderbilt University Law School (12)
- Marquette University Law School (11)
- Pace University (11)
- University of Maryland Francis King Carey School of Law (10)
- University of Miami Law School (10)
- Loyola University Chicago, School of Law (9)
- Texas A&M University School of Law (9)
- William & Mary Law School (9)
- Boston University School of Law (8)
- Fordham Law School (8)
- Pepperdine University (8)
- Florida State University College of Law (7)
- Washington University in St. Louis (7)
- California Western School of Law (6)
- Keyword
-
- FDA (68)
- Public health (37)
- Regulation (37)
- Food and Drug Law (35)
- Drugs (32)
-
- Health Law and Policy (32)
- Pharmaceuticals (28)
- Food and Drug Administration (27)
- Law (20)
- Environmental law (18)
- Drug (16)
- Marijuana (16)
- Addiction (15)
- Legislation (15)
- Opioid crisis (14)
- Opioids (14)
- Tobacco (13)
- COVID-19 (12)
- Health (12)
- Obesity (12)
- Pharmaceutical (12)
- Cannabis (11)
- Controlled Substances Act (11)
- Federalism (11)
- Medical Jurisprudence (11)
- Science and Technology (11)
- Climate change (10)
- Food (10)
- Health law (10)
- Law and Society (10)
- Publication Year
- Publication
-
- Seattle University Law Review (199)
- Sustainable Development Law & Policy (179)
- Faculty Scholarship (35)
- UIC Law Review (30)
- Journal of Food Law & Policy (29)
-
- Journal of Law and Health (25)
- Articles, Book Chapters, & Popular Press (21)
- Articles (17)
- ExpressO (15)
- Washington and Lee Law Review (11)
- Faculty Publications (10)
- Georgetown Law Faculty Publications and Other Works (10)
- Dickinson Law Review (2017-Present) (9)
- Faculty Publications By Year (9)
- Brooklyn Law Review (8)
- Fordham Law Review (8)
- William Mitchell Law Review (8)
- Cardozo Law Review (7)
- Elisabeth Haub School of Law Faculty Publications (7)
- Scholarly Articles in Law Reviews & Journals (7)
- Scholarly Works (7)
- Scholarship@WashULaw (7)
- Journal of Health Care Law and Policy (6)
- Michigan Law Review (6)
- University of Michigan Journal of Law Reform (6)
- Utah Law Review (6)
- Amicus Briefs & Court Filings (5)
- Brooklyn Journal of International Law (5)
- DePaul Journal of Health Care Law (5)
- Georgia Journal of International & Comparative Law (5)
- Publication Type
Articles 901 - 930 of 980
Full-Text Articles in Food and Drug Law
Battle Of The Beef, The Rematch: An Evaluation Of The Latest E.C. Directive Banning Beef Produced With Growth Hormones And The U.S. Refusal To Accept The Directive As Wto Compliant, Darrel Chichester
American University International Law Review
No abstract provided.
Access To Justice And The Right To Adequate Food: Implementing Millennium Development Goal One, Marc J. Cohen, Mary Ashby Brown
Access To Justice And The Right To Adequate Food: Implementing Millennium Development Goal One, Marc J. Cohen, Mary Ashby Brown
Sustainable Development Law & Policy
No abstract provided.
Pharmaceutical Tort Liability: A Justifiable Nemesis To Drug Innovation And Access?, 38 J. Marshall L. Rev. 987 (2005), Paula Jacobi
Pharmaceutical Tort Liability: A Justifiable Nemesis To Drug Innovation And Access?, 38 J. Marshall L. Rev. 987 (2005), Paula Jacobi
UIC Law Review
No abstract provided.
Patients Beware: Preemption Of Common Law Claims Under The Medical Device Amendments, 39 J. Marshall L. Rev. 75 (2005), Michael P. Dinatale
Patients Beware: Preemption Of Common Law Claims Under The Medical Device Amendments, 39 J. Marshall L. Rev. 75 (2005), Michael P. Dinatale
UIC Law Review
No abstract provided.
Regulating The Regulators: The Impact Of Fda Regulation On Corporations' First Amendment Rights, 39 J. Marshall L. Rev. 95 (2005), Lisa M. Fealk-Stickler
Regulating The Regulators: The Impact Of Fda Regulation On Corporations' First Amendment Rights, 39 J. Marshall L. Rev. 95 (2005), Lisa M. Fealk-Stickler
UIC Law Review
No abstract provided.
Public Use Or Experimental Use: Are Clinical Trials Susceptible To Another Attack Similar To That In Smithkline Beecham Corp. V. Apotex Corp., 39 J. Marshall L. Rev. 149 (2005), Nimalka Wickramasekera
Public Use Or Experimental Use: Are Clinical Trials Susceptible To Another Attack Similar To That In Smithkline Beecham Corp. V. Apotex Corp., 39 J. Marshall L. Rev. 149 (2005), Nimalka Wickramasekera
UIC Law Review
No abstract provided.
Minnesota: Leading The Way On Canadian Prescription Medicine Importation, Kevin Goodno, Karen Janisch
Minnesota: Leading The Way On Canadian Prescription Medicine Importation, Kevin Goodno, Karen Janisch
William Mitchell Law Review
In the United States, about $160 billion is spent on prescription medicines each year, with Minnesotans spending about $3 billion. The costs of prescription medicines receive so much attention in large part because, although prescription medicine costs constitute only 10.5% of total health care spending, they account for 23% of the total out-of-pocket costs that people incur when purchasing health care. Minnesota has been a leader in controlling prescription medicine costs. It has aggressively used purchasing pools when possible, and encouraged the use of lower cost, generic prescription medicines when appropriate. Even with these efforts to control costs, prescription medicines …
Aetna V. Davila/Cigna V. Calad: A Missed Opportunity, Leonard A. Nelson
Aetna V. Davila/Cigna V. Calad: A Missed Opportunity, Leonard A. Nelson
William Mitchell Law Review
On June 21, 2004, the United States Supreme Court decided the health law “case of the year” in the two consolidated cases of Aetna Health, Inc. v. Davila and CIGNA HealthCare of Texas, Inc. v. Calad. The Court held that section 502(a) of the Employee Retirement Income Security Act of 1974 (ERISA) “completely preempt[s]” and thus invalidates the tort liability provisions of the Texas Health Care Liability Act (THCLA). The case could potentially affect the rights of millions of Americans in a matter of vital concern—whether they will receive the health insurance coverage promised them if they become unable to …
Off-Label Use And The Medical Negligence Standard Under Minnesota Law, Cynthia A. Moyer
Off-Label Use And The Medical Negligence Standard Under Minnesota Law, Cynthia A. Moyer
William Mitchell Law Review
Who decides whether a drug can be used off-label and under what circumstances? If a physician decides to prescribe a drug off-label, what legal issues, if any, should the physician be aware of? With the increased practice of prescribing drugs for off-label use, coupled with a somewhat dated and incomplete medical negligence standard in Minnesota, the intersection of the off-label use doctrine with Minnesota’s medical negligence standard is ripe for review. This article examines the off-label use doctrine and the medical negligence standard under Minnesota law. First, the article examines what the phrase “off-label use” means. Next, the article explores …
Molloy V. Meier Extends Genetic Counseling Duty Of Care To Biological Mcclain Parents And Establishes That Legal Damages Must Occur Before A Wrongful Conception Action Accrues For Statute Of Limitations Purposes, Mark Hallberg, Teresa Fariss
Molloy V. Meier Extends Genetic Counseling Duty Of Care To Biological Mcclain Parents And Establishes That Legal Damages Must Occur Before A Wrongful Conception Action Accrues For Statute Of Limitations Purposes, Mark Hallberg, Teresa Fariss
William Mitchell Law Review
Inherited genetic disorders are a well-known cause of developmental delays in children. It is, therefore, “foreseeable” to physicians treating developmentally delayed children that parents of these children will rely on the physicians’ opinions of whether a genetic cause exists. Accordingly in 1992, when Dr. Diane Meier, a pediatrician, discovered developmental delays in S.F., the three-year-old daughter of Kimberly Flomer (now Molloy) and Robert Flomer, “accepted standards of pediatric practice” required Dr. Meier to order genetic testing, including testing for Fragile X Syndrome, one of the most common causes of inherited mental retardation. The foreseeable consequences of Dr. Meier’s alleged failure …
Raich, Health Care, And The Commerce Clause, Alex Kreit, Aaron Marcus
Raich, Health Care, And The Commerce Clause, Alex Kreit, Aaron Marcus
William Mitchell Law Review
This article considers to what extent health care may be viewed as a traditional area of state concern in the context of the Supreme Court’s revival of federalism principles, in particular limits on Congress’ Commerce Clause power, and what effect Raich v. Ashcroft, heard by the Court in the fall 2004 term, might have on these issues. Addressing these questions will necessarily involve exploration of medical marijuana policy as well as the role of the “traditional state interest” principle within the Commerce Clause. However, the central focus of this article is not what impact Raich may have on the Commerce …
World News, Blase Kornacki, Abby Okrent, Jennifer Rohleder, Mauro Zinner
World News, Blase Kornacki, Abby Okrent, Jennifer Rohleder, Mauro Zinner
Sustainable Development Law & Policy
No abstract provided.
Note: Capping Noneconomic Damages In Medical Malpractice Suits Is Not The Panacea Of The “Medical Liability Crisis”, Melissa C. Gregory
Note: Capping Noneconomic Damages In Medical Malpractice Suits Is Not The Panacea Of The “Medical Liability Crisis”, Melissa C. Gregory
William Mitchell Law Review
This note explores the history behind the rising costs of medical malpractice insurance rates and the responsive state legislative proposals to limit noneconomic damages. The current state of health care liability and the recent federal proposals that include caps on noneconomic damages are then discussed. This note analyzes the reasons why the federal government should not cap noneconomic damages, primarily because: (1) states are better able to regulate health care, (2) noneconomic damages are not the determinate cause of rising medical malpractice insurance rates, and (3) caps infringe on equal protection guarantees by limiting compensation of medical malpractice victims. This …
Note: Exclusive Licensing Of Dna Diagnostics: Is There A Negative Effect On Quantity And Quality Of Healthcare Delivery That Compels Nih Rulemaking?, Edward Weck
William Mitchell Law Review
This comment surveys the costs of deoxyribonucleic acid (DNA) diagnostic tests and argues in favor of non-exclusive licensing as a means to provide broad access to affordable DNA diagnostic testing. Part II provides background information on genetic testing, patenting genes as applied to genetic testing, the Bayh-Dole Act, and technology transfer. In addition, Part II summarizes academic commentary regarding the implications of exclusive licensing for biotechnology. Scholars propose a number of solutions, including expanding the experimental use exception. Part III details proposed rulemaking for DNA diagnostics. Part IV reviews anecdotal examples of genetic testing for breast cancer, hereditary hemochromatosis, and …
Obesity And The Struggle Within Ourselves, Maxwell Gregg Bloche
Obesity And The Struggle Within Ourselves, Maxwell Gregg Bloche
Georgetown Law Faculty Publications and Other Works
The author argues that we ought to treat our eating, exercise habits, and girth as personal matters, for the most part, but that law can and should make a contribution, as an ally of our longer-term will against our immediate cravings. Law can be our ally in this fashion without command-and-control intrusion into our private lives. Such intrusion is at odds with our core beliefs and unlikely to produce public health success. It is more likely to provoke popular backlash--one reason why some who stand to gain from our unhealthy dining choices try to cast government efforts to inform these …
The End Of Azt Patent: A New Beginning Or Too Little Too Late?, Lindsay Frank
The End Of Azt Patent: A New Beginning Or Too Little Too Late?, Lindsay Frank
Public Interest Law Reporter
No abstract provided.
Weight-Loss Advertising Too Good To Be True: Are Manufacturers Or The Media To Blame?, Jodie Sopher
Weight-Loss Advertising Too Good To Be True: Are Manufacturers Or The Media To Blame?, Jodie Sopher
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Modern Bootlegging And The Prohibition On Fair Prices: Last Call For The Repeal Of Pharmaceutical Price Gouging, Luke W. Cleland
Modern Bootlegging And The Prohibition On Fair Prices: Last Call For The Repeal Of Pharmaceutical Price Gouging, Luke W. Cleland
ExpressO
This article discusses the recent passage of the Medicare Prescription Drug, Modernization and Improvement Act of 2003, and the executive and judicial decisions affecting the ability of the general public to access foreign pharmaceutical markets. The article examines the recent actions taken by the U.S. government, explore various state movements within the United States aimed at reducing pharmaceutical drug prices, outline the process of pharmaceutical drug prices in foreign countries, and advocate for a workable integration of all available mechanisms to feasibly reduce prescription drug prices for the benefit of both U.S. consumers and U.S. drug companies. As avenues to …
Mandatory Recall Authority: A Sensible And Minimalist Approach To Improving Food Safety, Michael T. Roberts
Mandatory Recall Authority: A Sensible And Minimalist Approach To Improving Food Safety, Michael T. Roberts
ExpressO
No abstract provided.
The Cocaine Vaccine, Dru Stevenson
The Cocaine Vaccine, Dru Stevenson
ExpressO
The controversial new cocaine vaccine (TA-CD) has the potential to be an extremely effective treatment tool for recovering addicts, but it also presents opportunities for non-therapeutic uses, such as preventing cocaine use in the first place. It is foreseeable that the cocaine vaccine could become a condition of parole or probation, or receiving welfare payments, or for employment in certain occupations. Universal vaccination is also a possibility but less likely for political reasons. This article investigates each of these areas of potential use. Any setting where mandatory drug testing is currently in place could become a venue for the vaccination. …
Sources: Pharmaceutical Promotion And The Medical Profession: Appendix A , Joseph Rohan Lex Jr.
Sources: Pharmaceutical Promotion And The Medical Profession: Appendix A , Joseph Rohan Lex Jr.
Journal of Law and Health
No abstract provided.
Medical Marijuana And Personal Autonomy, 37 J. Marshall L. Rev. 1253 (2004), Andrew J. Boyd
Medical Marijuana And Personal Autonomy, 37 J. Marshall L. Rev. 1253 (2004), Andrew J. Boyd
UIC Law Review
No abstract provided.
Mad Cow Disease: An Approach To Its Containment, Michael B. Abramson
Mad Cow Disease: An Approach To Its Containment, Michael B. Abramson
Journal of Health Care Law and Policy
No abstract provided.
How A Drug Becomes ‘Ethnic’: Law, Commerce, And The Production Of Racial Categories In Medicine, Jonathan Kahn
How A Drug Becomes ‘Ethnic’: Law, Commerce, And The Production Of Racial Categories In Medicine, Jonathan Kahn
Faculty Scholarship
A drug called BiDil is poised to become the first drug ever approved by the Food and Drug Administration (FDA) to treat heart failure in African Americans - and only African Americans. This article explores the story of BiDil and considers some of its broader implications for the use of racial categories in law, medicine, and science. It argues that BiDil is an ethnic drug today as much, if not more because of the interventions of law and commerce as because of any biomedical considerations. The article is, first, a retrospective analysis of how law, commerce, science, and medicine interacted …
To Prosecute Or Not To Prosecute: The Dilemma Posed By Pregnancy And Substance Abuse, Eileen D. Collins
To Prosecute Or Not To Prosecute: The Dilemma Posed By Pregnancy And Substance Abuse, Eileen D. Collins
Public Interest Law Reporter
No abstract provided.
Drug Price Quintuples, Does Not Invoke Federal "March-In" Protections, Zachary Ziliak
Drug Price Quintuples, Does Not Invoke Federal "March-In" Protections, Zachary Ziliak
Public Interest Law Reporter
No abstract provided.
Dr. Joseph Rohan Lex, Jr., M.D. Faaem - The Physician-Pharmaceutical Industry Relationship, Joseph Rohan Lex Jr.
Dr. Joseph Rohan Lex, Jr., M.D. Faaem - The Physician-Pharmaceutical Industry Relationship, Joseph Rohan Lex Jr.
Journal of Law and Health
My premise is that physician interactions with marketing representatives result in inevitable and irreconcilable conflicts of interest or the appearance of conflicts of interest. Our patients in medicine are the ultimate losers from such interactions.
Border Patrol, Carl E. Schneider
Border Patrol, Carl E. Schneider
Articles
Recently, the Supreme Court has encountered cases that concern perhaps our weightiest bioethical issue-how medical care is to be rationed. But this does not mean that the Court must therefore assess the justice of rationing, as many people incited by many journalists now fondly and firmly believe. In explaining why, we begin with a story about how Learned Hand remembered saying one day to Justice Holmes, "Well, sir, goodbye. Do justice!" Holmes turned quite sharply and said: "That is not my job. My job is to play the game according to the rules." If the Court doesn't do justice, what …
Toward A More Communitarian Future? Fukuyama As The Fundamentalist Secular Humanist, June Carbone
Toward A More Communitarian Future? Fukuyama As The Fundamentalist Secular Humanist, June Carbone
Michigan Law Review
With The End of History and the Last Man, Francis Fukuyama established himself as the prophet of liberal democracy and free markets, heralding their triumph as the only form of governance capable of commanding legitimacy. Asked to reflect on his predictions a decade later, Fukuyama concluded that the greatest threat to liberalism comes from biotechnology because it alone has the potential to remake the human nature that liberal democracy was designed to serve. Fukuyama makes a compelling case that biotechnology may produce developments that should concern us; he is ironically less persuasive in articulating a liberal-democratic framework for governing the …
Drug Regulations And The Constitution After Western States, Margaret Gilhooley
Drug Regulations And The Constitution After Western States, Margaret Gilhooley
University of Richmond Law Review
No abstract provided.