Food and Drug Law Commons^™

Purdue’S Side Effects: Using Due Process To Realign Mass Tort Bankruptcies, William A. Organek

BYU Law Review

In Harrington v. Purdue Pharma, the United States Supreme Court held that victims of the opioid crisis could not be forced to release their independent claims against the Sacklers, who owned and controlled Purdue, without the victims’ consent. Such releases had become a controversial mainstay of mass tort bankruptcy filings. Yet Purdue was decided on narrow, textualist grounds, leaving as a side effect many seemingly disparate and difficult questions unanswered. This Article argues that Purdue and its open issues should be analyzed through a broader due process lens in tension with some aspects of current bankruptcy practice but consistent with …

Consumption Governance: The Role Of Production And Consumption In International Economic Law, Timothy Meyer

BYU Law Review

Over the last decade, international economic conflict has increased dramatically. To name only a few examples, the European Union banned the import of products from deforested land and is poised to impose duties on carbon-intensive imports; the United States banned Chinese imports made with forced labor; and countries the world over threatened to impose digital services taxes on U.S. corporations, leading to a new multilateral agreement on apportioning income tax revenue among countries.

This Article argues that these conflicts represent a shift in norms governing the authority to tax and regulate international commerce. Different fields within international economic law describe …

Overqualified And Underrepresented: Gender Inequality In Pharmaceutical Patent Law, S. Sean Tu, Paul R. Gugliuzza, Amy Semet

BYU Law Review

Pharmaceutical patents represent some of the most valuable intellectual property assets in the world: they can be worth billions of dollars if courts uphold their validity and find them infringed. But, if invalidated, generic drug manufacturers can get to market earlier, generating billions of dollars of revenue for themselves and creating enormous savings for consumers. Accordingly, drug patents are the product of careful, high-cost prosecution and are associated with high-stakes, bet-the-company litigation.

But women lawyers are noticeably absent from pharmaceutical patent practice. This article reports an original empirical study finding that women comprise only one-third of the top pharmaceutical patent …

Medical Device Artificial Intelligence: The New Tort Frontier, Charlotte A. Tschider

BYU Law Review

The medical device industry and new technology start-ups have dramatically increased investment in artificial intelligence (AI) applications, including diagnostic tools and AI-enabled devices. These technologies have been positioned to reduce climbing health costs while simultaneously improving health outcomes. Technologies like AI-enabled surgical robots, AI-enabled insulin pumps, and cancer detection applications hold tremendous promise, yet without appropriate oversight, they will likely pose major safety issues. While preventative safety measures may reduce risk to patients using these technologies, effective regulatory-tort regimes also permit recovery when preventative solutions are insufficient.

The Food and Drug Administration (FDA), the administrative agency responsible for overseeing the …

Even Marijuana Needs A Zone: Utah’S H.B. 3001 As The Next Battleground For Zoning Ordinances And State Medical Marijuana Laws, Kyle A. Harvey

Brigham Young University Journal of Public Law

No abstract provided.

Tribal Sovereignty And Tobacco Control In State-Tribe Cigarette Compacts, Arielle Sloan

BYU Law Review

Compacts are powerful legal tools that states and tribes can use to negotiate agreements. One of the most interesting examples of state-tribe compacts is the cigarette compact, which is useful in combating the illicit cigarette trade. This Note argues that tribal leaders and states can more effectively reach this goal by (1) recognizing tribal sovereignty in and (2) keeping tobacco control at the heart of compact discussions.

Adjustments, Extensions, Disclaimers, And Continuations: When Do Patent Term Adjustments Make Sense?, Stephanie Plamondon Bair

Faculty Scholarship

The United States patent system represents a measured trade-off between two competing policy considerations: providing sufficient incentives to encourage the innovation and development of new and socially useful inventions; and ensuring that such inventions are readily available to the public at an affordable price. Although the default patent term is now twenty years from filing, various features of, and changes to, the patent system over the years have allowed patent owners to extend the duration of their patent monopolies, sometimes for several years. Such extensions, though seemingly insignificant when compared to the full patent term, have an enormous impact on …

Direct-To-Consumer Genetic Testing: Learning From The Past And Looking Toward The Future, Stephanie Bair

Faculty Scholarship

A decade after the complete sequencing of the human genome, we have seen a proliferation of genetic testing services marketed directly to the consumer and purporting to use genetic information to generate individualized health information. These tests have been subject to only minimal regulation, despite the fact that scientists and policymakers have serious concerns about both the clinical effectiveness of the tests and the safety of releasing certain types of health information to the public without the supervision of a health care professional. Proponents of minimal regulation argue that the tests allow for patient autonomy and privacy of genetic information, …

Up In Smoke: Federal Preemption And Medicinal Marijuana Id Cards In County Of San Diego V. San Diego Norml, Douglas Farr

Brigham Young University Journal of Public Law

No abstract provided.

Student Drug Testing: The Blinding Appeal Of In Loco Parentis And The Importance Of State Protection Of Student Privacy, Tony Lacroix

Brigham Young University Education and Law Journal

No abstract provided.

Proposition 36: Ignoring Amenability And Avoiding Accountability, Mehgan Porter

Brigham Young University Journal of Public Law

No abstract provided.

Merck V. Integra: Bailing Water Without Plugging The Hole, Benjamin G. Jackson

Brigham Young University Journal of Public Law

No abstract provided.

Getting It Right By Getting It Wrong: How The Supreme Court Helped Healthcare Reform By Incorrectly Applying The Standard Of Review In Pharmaceutical Research And Manufacturers Of America V. Walsh, Brian Y. Furuya

Brigham Young University Journal of Public Law

No abstract provided.

Random Drug Testing For Extracurricular Activites: Has The Supreme Court Opened Pandora's Box For Public Schools?, Ralph D. Mawdsley

Brigham Young University Education and Law Journal

No abstract provided.

Distributing Products Under The Nonprofit Institutions Act: Pricc Discrimination, Arbitrage, And Fraud In The Pharmaceutical Industry, Dennis S. Corgill

BYU Law Review

No abstract provided.

A Weighty Issue: Will Pharmacists Survive The Fen-Phen Feeding Frenzy? Kohl V. American Home Products Corporation And A Pharmacist's Duty To Warn Of The Dangers Of Prescription Drugs, Karina Fox

BYU Law Review

No abstract provided.

The Fda Knows Best . . Or Does It? First Amendment Protection Of Health Claims On Dietary Supplements: Pearson V. Shalala, Amber K. Spencer

Brigham Young University Journal of Public Law

No abstract provided.

Public Schools And Urinalysis: Assessing The Validity Of Indiana Public Schools' Student Drug Testing Policies After Vernonia, Nancy J. Flatt-Moore

Brigham Young University Education and Law Journal

No abstract provided.

Losing Sticks From The Bundle: Incompatibility Of Tenancy By The Entireties And Drug Forgeiture Laws, Barbara W. Sharp

Brigham Young University Journal of Public Law

No abstract provided.

Random Drug-Testing Of Public School Student Athletes: A Permissible Search Under The Fourth Amendment, Paul K. Madsen

Brigham Young University Education and Law Journal

No abstract provided.

Exporting United States Drug Law: An Example Of The International Legal Ramifications Of The "War On Drugs", D. Brian Boggess

BYU Law Review

No abstract provided.

Pretrial Drug Testing: Is It Vulnerable To Due Process Challenges?, Peter H. Meyers

Brigham Young University Journal of Public Law

No abstract provided.

Pretrial Drug Testing?An Essential Component Of The National Drug Control Strategy, Reggie B. Walton, Gary J. Peters, J. Anthony Towns

Brigham Young University Journal of Public Law

No abstract provided.

Pretrial Drug Testing: An Essential Step In Bail Reform, John A. Carver

Brigham Young University Journal of Public Law

No abstract provided.

A Special Needs Exception To The Warrant And Probable Cause Requirements For Mandatory And Uniform Pre-Arraignment Drug Testing In The Wake Of Skinner V. Railway Labor Executives' Association And National Treasury Employees' Union V. Von Raab, Russell C. Skousen

Brigham Young University Journal of Public Law

No abstract provided.

Consenting To Searches After Being Arrested: Pretrial Drug Testing , David R. Nielson

Brigham Young University Journal of Public Law

No abstract provided.

Survey Of Current And Prior Pretrial Drug Testing Sites, Cynthia Durrant Jensen

Brigham Young University Journal of Public Law

No abstract provided.

Strict Liability In The Manufacture Of Pharmeceuticals: The Halcion Homicide, Martin J. Macneill

Brigham Young University Journal of Public Law

No abstract provided.

The War On Drugs And Denominational Preferences: Farewell To Strict Scrutiny Analysis, Jeffrey T. Lawrence

BYU Law Review

No abstract provided.