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Articles 331 - 360 of 382

Full-Text Articles in Food and Drug Law

Aetna V. Davila/Cigna V. Calad: A Missed Opportunity, Leonard A. Nelson Jan 2005

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 Jan 2005

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 Jan 2005

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 Jan 2005

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 …


Medical Marijuana And Personal Autonomy, 37 J. Marshall L. Rev. 1253 (2004), Andrew J. Boyd Jan 2004

Medical Marijuana And Personal Autonomy, 37 J. Marshall L. Rev. 1253 (2004), Andrew J. Boyd

UIC Law Review

No abstract provided.


Dealing With International Aids: A Case Study In The Challenges Of Globalization, 35 J. Marshall L. Rev. 381 (2002), John G. Culhane Jan 2002

Dealing With International Aids: A Case Study In The Challenges Of Globalization, 35 J. Marshall L. Rev. 381 (2002), John G. Culhane

UIC Law Review

No abstract provided.


Reefer Madness: How Voters Responded To Medicinal Marijuana Initiatives In The 1998 State Elections, Ryan E. Wood Aug 2001

Reefer Madness: How Voters Responded To Medicinal Marijuana Initiatives In The 1998 State Elections, Ryan E. Wood

Masters Theses

In recent years, a growing number of states have witnessed the passage of state initiatives that have authorized the medicinal use of marijuana. The medicinal marijuana movement has circumvented elected state legislatures by relying on an increasingly popular form of direct democracy - the direct initiative. This paper briefly examines the history and continuing legacy of illicit drugs and the initiative process in the context of the movement for medicinal marijuana. However, the primary focus of this study is to uncover the voter characteristics that influenced attitudes toward medicinal marijuana in the 1998 state elections. This paper uses Voter News …


Got "Hormone-Free" Milk?: Your State May Have Enough Interest To Let You Know, Jennifer R. Thornley Jul 2001

Got "Hormone-Free" Milk?: Your State May Have Enough Interest To Let You Know, Jennifer R. Thornley

Indiana Law Journal

No abstract provided.


Two Degrees Of Speech Protection: Free Speech Through The Prism Of Agricultural Disparagement Laws, Howard M. Wasserman Jan 2000

Two Degrees Of Speech Protection: Free Speech Through The Prism Of Agricultural Disparagement Laws, Howard M. Wasserman

Faculty Publications

In the wake of a 1989 national television broadcast reporting the alleged cancer risk of a chemical applied to apples on trees, many states passed agricultural product disparagement (APD) statutes. These statutes grant civil causes of action to the growers and sellers of perishable food products, against anyone who speaks negatively or disparagingly, without basis in scientific evidence, about the product's safety. In this Article, Howard M Wasserman explores the interplay between the APD statutes and the First Amendment. First, Mr. Wasserman discusses the three categories of restrictions on the freedom of speech, focusing primarily on private civil tort actions …


Cigar Warnings: Proceed With Caution, 33 J. Marshall L. Rev. 521 (2000), Patricia A. Davidson Jan 2000

Cigar Warnings: Proceed With Caution, 33 J. Marshall L. Rev. 521 (2000), Patricia A. Davidson

UIC Law Review

No abstract provided.


Rx For Liability: Advocating The Elimination Of The Pharmacist's No Duty To Warn Rule, 33 J. Marshall L. Rev. 425 (2000), Edward Casmere Jan 2000

Rx For Liability: Advocating The Elimination Of The Pharmacist's No Duty To Warn Rule, 33 J. Marshall L. Rev. 425 (2000), Edward Casmere

UIC Law Review

No abstract provided.


Proposition 215: De Facto Legalization Of Pot And The Shortcomings Of Direct Democracy, Michael Vitiello Apr 1998

Proposition 215: De Facto Legalization Of Pot And The Shortcomings Of Direct Democracy, Michael Vitiello

University of Michigan Journal of Law Reform

In 1996, California voters passed Proposition 215, officially titled The Compassionate Use Act of 1996, and popularly known as the "medical marijuana" initiative. This initiative allows qualifying people and their caregivers immunity from criminal prosecution when the state attempts to charge them with possession or cultivation of marijuana. Professor Vitiello uses the medical marijuana initiative as a case study illustrating flaws in California's ballot initiative process He examines the history of the initiative process in California, misleading aspects of the campaign for Proposition 215, and ambiguities in the proposition's language. Concluding that the initiative process as it now stands fosters …


The Hemp Controversy: Can Industrial Hemp Save Kentucky?, Susan David Demaine Jan 1998

The Hemp Controversy: Can Industrial Hemp Save Kentucky?, Susan David Demaine

Articles by Maurer Faculty

In the wake of litigation over the responsibility of tobacco companies for harm caused by cigarettes and in the face of increased public hostility toward smoking, Kentucky's tobacco farmers are apprehensive about the future. While not all growers depend entirely on tobacco for their income, the potential shrinking of the tobacco market will have serious ramifications throughout the state. Some farmers are turning to organic vegetable farming, or to com and soybeans as alternative crops, but the potential of industrial hemp as an option remains uncertain. Touted by many as the answer to the tobacco farmer's quandary, industrial hemp remains …


Protecting Our Children: A Call To Reform State Policies To Hold Pregnant Drug Addicts Accountable, 29 J. Marshall L. Rev. 765 (1996), Julie J. Zitella Jan 1996

Protecting Our Children: A Call To Reform State Policies To Hold Pregnant Drug Addicts Accountable, 29 J. Marshall L. Rev. 765 (1996), Julie J. Zitella

UIC Law Review

No abstract provided.


What's In A Name - Nothing Good If It's Friday: The Seventh Circuit Invalidates Good Friday Public School Holiday, 29 J. Marshall L. Rev. 1031 (1996), Joanne Yasus Jan 1996

What's In A Name - Nothing Good If It's Friday: The Seventh Circuit Invalidates Good Friday Public School Holiday, 29 J. Marshall L. Rev. 1031 (1996), Joanne Yasus

UIC Law Review

No abstract provided.


Department Of Food And Agriculture, P. Penn, B. Reznik Jul 1992

Department Of Food And Agriculture, P. Penn, B. Reznik

California Regulatory Law Reporter

No abstract provided.


Department Of Food And Agriculture, P. Penn, B. Reznik Jan 1992

Department Of Food And Agriculture, P. Penn, B. Reznik

California Regulatory Law Reporter

No abstract provided.


Department Of Food And Agriculture, P. Penn, B. Reznik Oct 1991

Department Of Food And Agriculture, P. Penn, B. Reznik

California Regulatory Law Reporter

No abstract provided.


Department Of Food And Agriculture, S. Gerry, L. Rainey, D. Rupard Aug 1991

Department Of Food And Agriculture, S. Gerry, L. Rainey, D. Rupard

California Regulatory Law Reporter

No abstract provided.


Department Of Food And Agriculture, S. Gerry, L. Rainey, D. Rupard May 1991

Department Of Food And Agriculture, S. Gerry, L. Rainey, D. Rupard

California Regulatory Law Reporter

No abstract provided.


Neonatal Hiv Testing: Governmental Inspection Of The Baby Factory, 24 J. Marshall L. Rev. 571 (1991), Scott H. Isaacman Jan 1991

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 Jan 1991

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.


Department Of Food And Agriculture, S. Gerry, L. Rainey, D. Rupard Jan 1991

Department Of Food And Agriculture, S. Gerry, L. Rainey, D. Rupard

California Regulatory Law Reporter

No abstract provided.


Department Of Food And Agriculture, S. Gerry, L. Rainey, D. Rupard Oct 1990

Department Of Food And Agriculture, S. Gerry, L. Rainey, D. Rupard

California Regulatory Law Reporter

No abstract provided.


Department Of Food And Agriculture, S. Hillard, C. Merrill, A. Urrutia, J. D'Angelo Jul 1990

Department Of Food And Agriculture, S. Hillard, C. Merrill, A. Urrutia, J. D'Angelo

California Regulatory Law Reporter

No abstract provided.


Department Of Food And Agriculture, S. Hillard, C. Merrill, A. Urrutia Jan 1990

Department Of Food And Agriculture, S. Hillard, C. Merrill, A. Urrutia

California Regulatory Law Reporter

No abstract provided.


Department Of Food And Agriculture, S. Hillard, C. Merrill, A. Urrutia Oct 1989

Department Of Food And Agriculture, S. Hillard, C. Merrill, A. Urrutia

California Regulatory Law Reporter

No abstract provided.


Department Of Food And Agriculture, K. Rager, D. Rankin, M. Staples Aug 1989

Department Of Food And Agriculture, K. Rager, D. Rankin, M. Staples

California Regulatory Law Reporter

No abstract provided.


Department Of Food And Agriculture, K. Rager, D. Rankin, M. Staples May 1989

Department Of Food And Agriculture, K. Rager, D. Rankin, M. Staples

California Regulatory Law Reporter

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 Jan 1989

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.