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Articles 331 - 349 of 349
Full-Text Articles in Food and Drug Law
Daubert's Significance, Thomas G. Field Jr., Colleen M. Keegan
Daubert's Significance, Thomas G. Field Jr., Colleen M. Keegan
RISK: Health, Safety & Environment (1990-2002)
The authors review and note the limited reach of Daubert v. Merrell Dow Pharmaceuticals. They also address its implications for concerned non-lawyers.
Assisted Conception And Surrogacy - Unfinished Business, 26 J. Marshall L. Rev. 775 (1993), Keith J. Hey
Assisted Conception And Surrogacy - Unfinished Business, 26 J. Marshall L. Rev. 775 (1993), Keith J. Hey
UIC Law Review
No abstract provided.
Neonatal Hiv Testing: Governmental Inspection Of The Baby Factory, 24 J. Marshall L. Rev. 571 (1991), Scott H. Isaacman
Neonatal Hiv Testing: Governmental Inspection Of The Baby Factory, 24 J. Marshall L. Rev. 571 (1991), Scott H. Isaacman
UIC Law Review
No abstract provided.
Presumed Innocent: Illinois' Rejection Of Market Share Liability In Smith V. Eli Lilly & (And) Company Is Cause In Fact To Celebrate, 24 J. Marshall L. Rev. 869 (1991), Steven Bonanno
UIC Law Review
No abstract provided.
The Regulation Of Medical Devices: A Comparative Study Of American And Eec Law, Martine Carliese Pijnappels
The Regulation Of Medical Devices: A Comparative Study Of American And Eec Law, Martine Carliese Pijnappels
LLM Theses and Essays
Part I of this thesis will describe the regulation of medical devices in the EEC. Before coming to the actual medical device legislation, a description of the legislative system in Europe will be given, to the extent that it is relevant for the Directives on medical devices. After dealing with the history of Directives and their current contents, the status of the Directives and their future prospects will be discussed. Part II will deal with the regulation of medical devices in the United States under the Food Drug & Cosmetic Act as amended by Medical Device Amendments of 1976. First, …
Elimination Of Process: Will The Biotechnology Patent Protection Act Revive Process Patents, 24 J. Marshall L. Rev. 263 (1990), Kerin Kelly
UIC Law Review
No abstract provided.
Federal Preemption Of Prescrption Drug Labeling: Antidote For Pharmaceutical Industry Overdosing On State Court Jury Decisions In Products Liability Cases, 22 J. Marshall L. Rev. 629 (1989), John F. Del Giorno
UIC Law Review
No abstract provided.
Dralle V. Ruder: Did The Decision Close The Book On Recovery For Society And Companionship In Illinois Or Just Turn The Page, 22 J. Marshall L. Rev. 721 (1989), Frank I. Powers
UIC Law Review
No abstract provided.
Charleston Policy: Substance Or Abuse, The , Kimani Paul-Emile
Charleston Policy: Substance Or Abuse, The , Kimani Paul-Emile
Faculty Scholarship
In 1989, the Medical University of South Carolina (MUSC) adopted a policy that, according to subjective criteria, singled out for drug testing, certain women who sought prenatal care and childbirth services would be tested for prohibited substances. Women who tested positive were arrested, incarcerated and prosecuted for crimes ranging from misdemeanor substance possession to felony substance distribution to a minor. In this Article, the Author argues that by intentionally targeting indigent Black women for prosecution, the MUSC Policy continued the United States legacy of their systematic oppression and resulted in the criminalizing of Black Motherhood.
Drug Induced Birth Defects: Difficult Decisions And Shared Responsibilities, David B. Brushwood
Drug Induced Birth Defects: Difficult Decisions And Shared Responsibilities, David B. Brushwood
West Virginia Law Review
No abstract provided.
The Intentional Creation Of Fetal Tissue For Transplants: The Womb As A Fetus Farm, 21 J. Marshall L. Rev. 853 (1988), James David Roberts
The Intentional Creation Of Fetal Tissue For Transplants: The Womb As A Fetus Farm, 21 J. Marshall L. Rev. 853 (1988), James David Roberts
UIC Law Review
No abstract provided.
The Application Of A Due Diligence Requirement To Market Share Theory In Des Litigation, Thomas C. Willcox
The Application Of A Due Diligence Requirement To Market Share Theory In Des Litigation, Thomas C. Willcox
University of Michigan Journal of Law Reform
This Note argues that courts should impose a due diligence requirement on plaintiffs as a prerequisite to the use of market share theory. Part I examines traditional products liability theories along with alternative theories and explains the relationship of due diligence to market share theory. Part II argues that due diligence should be a prerequisite to market share liability. Part III discusses the nature of due diligence in this context. Finally, Part IV considers various objections to a due diligence requirement and argues that they are essentially without merit.
Mental Hospital Drugging - Atomistic And Structural Remedies, Sheldon Gelman
Mental Hospital Drugging - Atomistic And Structural Remedies, Sheldon Gelman
Law Faculty Articles and Essays
Thirty years have passed since the discovery of Thorazine, a neuroleptic drug, and the drugging of American state mental patients has become commonplace. Part I distinguishes between two approaches to remedy--"structural" and "atomistic"--and, as a basis for testing the two, describes a state hospital's handling of the most serious drug side effect. This account also provides a sense of the dimensions of the drugging problems in state hospitals. Part II explores a family of atomistic remedies. These would address drugging problems by seeking to ensure that state doctors are knowledgeable about drugs and/or reasonably careful in administering them. I reject …
Freedom Of Choice In Medical Treatment: Reconsidering The Efficacy Requirement Of The Fdca, Barbara J. Clinite
Freedom Of Choice In Medical Treatment: Reconsidering The Efficacy Requirement Of The Fdca, Barbara J. Clinite
Loyola University Chicago Law Journal
No abstract provided.
Governmental Regulation Of The Drug Industry, J. Mark Hiebert
Governmental Regulation Of The Drug Industry, J. Mark Hiebert
Cleveland State Law Review
In today's world of increased government participation in business, certain industries are frequently spotlighted for particular attention. The communications industry is one, the drug industry is another. In both cases the special attention is fitting, for the communications industry, like the drug industry, each in its own way, reaches the very fiber of American life. Each has the inherent capability of changing our political and social order. At any rate two points are basic: first, the drug industry directly affects the foundations of our society and therefore is a reasonable concern of government. Secondly, the drug industry has a legitimate …
The Doctor, The Patient, And The Fda, Herbert L. Ley Jr.
The Doctor, The Patient, And The Fda, Herbert L. Ley Jr.
Cleveland State Law Review
There have been considerable charges and counter-charges the United States Food and Drug Administration's role in protecting the consumer, at least as far as the medical profession is concerned. The FDA has absolutely no intention nor desire to assume the role of the physician or to interfere with the bona fide practice of medicine. Why the complaints by some the FDA's actions on drugs, including drug labelling, drug recall and the withdrawal of certain drugs from the market, constitute attempts to interfere with the practice of medicine? It is possible that one of the reasons, and perhaps the principal one, …
Investigational Drugs And The Law, George F. Archambault
Investigational Drugs And The Law, George F. Archambault
Cleveland State Law Review
Moving directly to the subject "Investigational Drugs and the Law" and being concerned primarily with preventative law, a topic not unlike preventative medicine, what is it that must be known as a lawyer in this specialty field in order to aid physicians and pharmacists involved in clinical research, in clinical pharmacology research, in hospital administration, and in nursing and pharmacy practices to keep them from legal pitfalls? It is necessary to tackle the subject in a two-pronged manner: (1) the federal and state statutes, and (2) case law.
Due Care By Physicians In Use Of New Drugs, Edward T. Haggins
Due Care By Physicians In Use Of New Drugs, Edward T. Haggins
Cleveland State Law Review
How careful must a physician be in using new drugs on his patients? Before discussing these questions, we must look at three problems: (1) What role does the physician play in the new drug picture? (2) What are some of the new drugs and their side effects, and (3) What steps must a new drug go through before it is placed on the market for public consumption?
Food Additives Law And Practice, Milton Oppenheim
Food Additives Law And Practice, Milton Oppenheim
Cleveland State Law Review
A decision of the United States Supreme Court on Dec. 15, 1958, interpreting the Federal Food Drug & Cosmetic Act, has focused attention on the use of coloring and other materials in foods, drugs and cosmetics. This requires a complex study of the effects of the various food additives, contaminants and chemicals upon the individual, whether intentionally added or accidently produced, in foods, drugs and cosmetics. Evaluation of the tremendous group of food additives can best be approached in the light of the benefits intended by the manufacturer or grower using them.