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Food and Drug Law Commons™

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Yeshiva University, Cardozo School of Law

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Articles 91 - 120 of 128

Full-Text Articles in Food and Drug Law

The Best Pharmaceuticals For Children Act And The Pediatric Research Equity Act-Helping Or Hurting America's Children?, Lisa Jerles Apr 2008

The Best Pharmaceuticals For Children Act And The Pediatric Research Equity Act-Helping Or Hurting America's Children?, Lisa Jerles

Cardozo Public Law, Policy & Ethics Journal

The note examines the effectiveness of the Best Pharmaceuticals for Children Act (BPCA) and the Pediatric Research Equity Act (PREA), which were enacted to address the lack of pediatric-specific drugs and devices. While these laws have improved the availability of pediatric treatments, they face significant challenges, including short authorization periods, loopholes exploited by pharmaceutical companies, and ethical concerns related to clinical trials. The 2007 reauthorization and the addition of the Pediatric Medical Device Safety and Improvement Act have partially addressed these issues but highlight the need for further reforms to ensure safer and more effective pediatric care.


2007 Cardozo International Advocate For Peace Award: Acceptance Speech, Jeffrey Sachs Jan 2008

2007 Cardozo International Advocate For Peace Award: Acceptance Speech, Jeffrey Sachs

Cardozo Journal of Conflict Resolution

The Eighth International Peace Award Recipient


That’S A Fine Chablis You’Re Not Drinking: The Proper Place For Geographical Indications In Trademark Law, Justin Hughes, Lynne Beresford, Annette Kur, Kenneth Plevan, Susan Scafidi Jul 2007

That’S A Fine Chablis You’Re Not Drinking: The Proper Place For Geographical Indications In Trademark Law, Justin Hughes, Lynne Beresford, Annette Kur, Kenneth Plevan, Susan Scafidi

Articles

No abstract provided.


Criminal Responsibility And The Disappearing Person, Stephen J. Morse May 2007

Criminal Responsibility And The Disappearing Person, Stephen J. Morse

Cardozo Law Review

No abstract provided.


The Negative Effect Of Pharmaceutical Patents On South African Industry, Chenxi Jiao Apr 2007

The Negative Effect Of Pharmaceutical Patents On South African Industry, Chenxi Jiao

Cardozo Public Law, Policy & Ethics Journal

The note argues that the World Trade Organization's Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) has disproportionately favored developed economies, stifling the growth of local pharmaceutical industries in developing countries like South Africa. While TRIPS aimed to balance societal benefits with short-term costs, its strict patent protections have hindered the development of generic drug manufacturing and technology transfer in these regions. The analysis highlights that strong intellectual property rights alone do not drive foreign investment or industrial growth, as market size, infrastructure, and economic stability play more critical roles. The note advocates for a reformed approach to intellectual …


Tax And Economic Policy Responses To The Medicaid Long-Term Care Financing Crisis: A Behavioral Economics Approach, Diane Lourdes Dick Jan 2007

Tax And Economic Policy Responses To The Medicaid Long-Term Care Financing Crisis: A Behavioral Economics Approach, Diane Lourdes Dick

Cardozo Public Law, Policy & Ethics Journal

The article examines the escalating strain on Medicaid due to rising long-term care costs and an aging population, emphasizing the ineffectiveness of current policies promoting private insurance. It critiques traditional economic models for neglecting behavioral factors like emotional resistance to planning for aging and underestimating future care needs. The analysis concludes that voluntary measures, such as tax incentives and partnership programs, are insufficient and advocates for a universal compulsory program to ensure adequate preparation for long-term care, thereby reducing Medicaid reliance.


Winning The Battle, But Perhaps Losing The War: Endorsing Deregulation Of Emergency Contraception At The Expense Of Derogating Abortion, Melissa Bond Jan 2007

Winning The Battle, But Perhaps Losing The War: Endorsing Deregulation Of Emergency Contraception At The Expense Of Derogating Abortion, Melissa Bond

Cardozo Journal of International and Comparative Law

No abstract provided.


Forced Medication And The Need To Protect The Rights Of The Mentally Ill Criminal Defendant, Emily C. Lieberman Jan 2007

Forced Medication And The Need To Protect The Rights Of The Mentally Ill Criminal Defendant, Emily C. Lieberman

Cardozo Public Law, Policy & Ethics Journal

The note argues that the current legal framework for forcibly medicating mentally ill criminal defendants, particularly pre-trial detainees, often violates their constitutional rights. It contends that the reliance on "dangerousness" as a criterion for forced medication is too vague and easily abused, leading to inconsistent and unconstitutional applications. The analysis advocates for stricter standards, clearer definitions of dangerousness, and heightened judicial scrutiny to protect the rights of mentally ill defendants.


What Does Accidental Mean?: Autoerotic Asphyxiation As An Illustration Of The Problems Affecting Accident Insurance, Gabriel Burnham Jan 2007

What Does Accidental Mean?: Autoerotic Asphyxiation As An Illustration Of The Problems Affecting Accident Insurance, Gabriel Burnham

Cardozo Journal of Equal Rights & Social Justice

The note argues that the legal system's inconsistent interpretation of what constitutes an "accident" in the context of accidental death insurance leads to confusion and inequitable outcomes, particularly in cases involving autoerotic asphyxiation. It advocates for federal regulation to standardize definitions and reduce discrepancies in court decisions.


To Achieve Closure Of The Hatch-Waxman Act's Loopholes, Legislative Action Is Unnecessary; Generic Manufacturers Are Able To Hold Their Own, Yana Pechersky Jan 2007

To Achieve Closure Of The Hatch-Waxman Act's Loopholes, Legislative Action Is Unnecessary; Generic Manufacturers Are Able To Hold Their Own, Yana Pechersky

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Prescription Contraceptives And The Pharmacist's Right To Refuse: Examining The Efficacy Of Conscience Laws, Dennis Rambaud Mar 2006

Prescription Contraceptives And The Pharmacist's Right To Refuse: Examining The Efficacy Of Conscience Laws, Dennis Rambaud

Cardozo Public Law, Policy & Ethics Journal

The note examines the ethical and legal implications of pharmacists refusing to fill prescriptions for contraceptives based on moral or religious objections. It argues that existing legal protections under Title VII of the Civil Rights Act and professional standards already provide adequate safeguards for pharmacists, rendering additional conscience laws unnecessary. The analysis emphasizes the need to balance pharmacists' rights with patients' access to essential medications, highlighting concerns that conscience laws may hinder patient care without ensuring referrals to alternative providers.


A New Disease Born Every Minute: The Marketing Of Pathology And The Exploitation Of Gender-Based Insecurities And Sexuality To Sell Drugs, Elizabeth Lambdin Jan 2006

A New Disease Born Every Minute: The Marketing Of Pathology And The Exploitation Of Gender-Based Insecurities And Sexuality To Sell Drugs, Elizabeth Lambdin

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.


Merck V. Integra And Its Aftermath: A Safe Harbor For The Commercial Use Of Biotechnology Research Tools?, Brendan M. O'Malley Jan 2006

Merck V. Integra And Its Aftermath: A Safe Harbor For The Commercial Use Of Biotechnology Research Tools?, Brendan M. O'Malley

Cardozo Arts & Entertainment Law Journal

No abstract provided.


History Turned "Sideways": Granholm V. Heald And The Twenty-First Amendment, Harris Danow Jan 2006

History Turned "Sideways": Granholm V. Heald And The Twenty-First Amendment, Harris Danow

Cardozo Arts & Entertainment Law Journal

No abstract provided.


A Mathematical Approach To Benefit-Detriment Analysis As A Solution To Compulsory Licensing Of Pharmaceuticals Under The Trips Agreement, Vishal Gupta Oct 2005

A Mathematical Approach To Benefit-Detriment Analysis As A Solution To Compulsory Licensing Of Pharmaceuticals Under The Trips Agreement, Vishal Gupta

Cardozo Journal of International and Comparative Law

The note proposes a mathematical approach to benefit-detriment analysis as a solution to the challenges posed by compulsory licensing of pharmaceuticals under the TRIPS Agreement. The core argument is that a socio-economic framework, comparing the monetary detriment to pharmaceutical companies (D) with the aggregate societal benefit (H x C), where H is the average health benefit per person and C is the number of affected citizens, can provide a balanced and objective method to determine when compulsory licenses should be granted. This approach aims to address the "Paragraph 6 problem" and improve access to essential medicines in developing countries while …


Furthering Consumer Safety Of Medical Devices: The Necessity Of A Device-Specific State Law As Required For Express Preemption Under The Mda, Rachel Mervis Oct 2005

Furthering Consumer Safety Of Medical Devices: The Necessity Of A Device-Specific State Law As Required For Express Preemption Under The Mda, Rachel Mervis

Cardozo Law Review

No abstract provided.


Weight-Loss Advertising Too Good To Be True: Are Manufacturers Or The Media To Blame?, Jodie Sopher Jan 2005

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.


Breaking The Shield Of The Learned Intermediary Doctrine: Placing The Blame Where It Belongs, Sheryl Calabro Aug 2004

Breaking The Shield Of The Learned Intermediary Doctrine: Placing The Blame Where It Belongs, Sheryl Calabro

Cardozo Law Review

No abstract provided.


Global Intellectual Property Protection As Viewed Through The European Community's Treatment Of Geographical Indications: What Lessons Can Trips Learn?, Jacqueline Nanci Land Apr 2004

Global Intellectual Property Protection As Viewed Through The European Community's Treatment Of Geographical Indications: What Lessons Can Trips Learn?, Jacqueline Nanci Land

Cardozo Journal of International and Comparative Law

The note examines the European Community's (EC) approach to geographical indications (GIs) and its implications for the TRIPS Agreement, highlighting the EC as a potential model for harmonizing intellectual property (IP) laws globally. It argues that while TRIPS has made significant strides in creating an international IP framework, challenges such as differing national priorities and the influence of industrialized nations hinder full harmonization. The EC's integrated system, particularly its handling of GIs, offers valuable lessons for addressing these challenges and achieving more effective global IP protection.


Will The European Union Prove To Be Lactose Intolerant? The European Union's Attempt To Strike A Delicate Balance Between Protecting Appellation Of Origin For Cheese And The Promotion Of Free Movement Of Goods Between Member States, Danielle B. Shalov Apr 2004

Will The European Union Prove To Be Lactose Intolerant? The European Union's Attempt To Strike A Delicate Balance Between Protecting Appellation Of Origin For Cheese And The Promotion Of Free Movement Of Goods Between Member States, Danielle B. Shalov

Cardozo Journal of International and Comparative Law

The note examines the tension within the European Union between protecting traditional cheese-making methods through designations of origin and ensuring the free movement of goods. It highlights how the EU has navigated this balance through regulations and judicial decisions, ultimately favoring free trade while attempting to preserve cultural and geographical heritage tied to food production.


State Law Tort Claims And The Fda: Proposing A Consumer-Oriented Prescription In Medical Device Cases, Sasha B. Rieders Feb 2004

State Law Tort Claims And The Fda: Proposing A Consumer-Oriented Prescription In Medical Device Cases, Sasha B. Rieders

Cardozo Law Review

No abstract provided.


Ethnopharmacology, Patents And The Politics Of Plants' Genetic Resources, Remigius N. Nwabueze Jul 2003

Ethnopharmacology, Patents And The Politics Of Plants' Genetic Resources, Remigius N. Nwabueze

Cardozo Journal of International and Comparative Law

The article critiques the exploitation of the South's biodiversity and genetic resources by the North, driven by self-interest and pharmaceutical needs, while highlighting the inequities perpetuated by international frameworks like TRIPS and the CBD. It argues that current legal systems, rooted in Western intellectual property principles, fail to protect indigenous knowledge and traditional practices adequately. The analysis proposes alternative approaches, such as compensation regimes and collective rights organizations, to address these disparities and ensure fair benefit-sharing.


Traditional Medical Knowledge, Intellectual Property Rights & Benefit Sharing, Gerard Bodeker Jul 2003

Traditional Medical Knowledge, Intellectual Property Rights & Benefit Sharing, Gerard Bodeker

Cardozo Journal of International and Comparative Law

The article argues that there is a significant conflict between the exploitation of traditional medical knowledge (TMK) by commercial entities and the efforts of indigenous communities to protect their knowledge. This conflict stems from the clash between the intellectual property (IP) system, which often favors corporate interests, and the rights of indigenous peoples to their traditional knowledge. The article highlights the need for equitable legal frameworks to address issues of ownership, benefit sharing, and prior informed consent, particularly in the context of international agreements like TRIPS and the CBD.


Curing Healthcare Providers' Failure To Administer Opioids In The Treatment Of Severe Pain, Rima J. Oken May 2002

Curing Healthcare Providers' Failure To Administer Opioids In The Treatment Of Severe Pain, Rima J. Oken

Cardozo Law Review

No abstract provided.


Industry Strategies For Intellectual Property And Trade: The Quest For Trips, And Post-Trips Strategies, Susan K. Sell Apr 2002

Industry Strategies For Intellectual Property And Trade: The Quest For Trips, And Post-Trips Strategies, Susan K. Sell

Cardozo Journal of International and Comparative Law

The article examines the origins, negotiation, and post-implementation strategies of the TRIPS Agreement, emphasizing the significant role of U.S. corporate interests in shaping this global intellectual property regime. It highlights how industries leveraged political and legal mechanisms to enforce TRIPS, while also addressing emerging challenges and opposition, particularly concerning public health and biotechnology.


Rulemaking, Michael Herz Jan 2002

Rulemaking, Michael Herz

Articles

No abstract provided.


Victimizing The Victim: Evicting Domestic Violence Victims From Public Housing Based On The Zero-Tolerance Policy, Tara M. Vrettos Jan 2002

Victimizing The Victim: Evicting Domestic Violence Victims From Public Housing Based On The Zero-Tolerance Policy, Tara M. Vrettos

Cardozo Journal of Equal Rights & Social Justice

The note argues that zero-tolerance eviction policies in public housing, authorized under federal law, unjustly penalize domestic violence victims by evicting them for crimes committed by others, including their abusers. These policies, upheld by the Supreme Court in Rucker, disproportionately harm low-income women, pushing them into homelessness and perpetuating cycles of abuse. The note advocates for a nuanced, case-specific approach to balance public safety and tenant rights, drawing parallels to child custody cases where victims are similarly blamed. It calls for federal reform to protect domestic violence survivors and end their victimization by the legal system.


A New Strategy For Human Rights Protection: Learning From Narcotics Trafficking In Mexico, Jeremiah E. Goulka Jan 2001

A New Strategy For Human Rights Protection: Learning From Narcotics Trafficking In Mexico, Jeremiah E. Goulka

Cardozo Journal of International and Comparative Law

The article explores the challenges in human rights protection by examining Mexico's struggle with narcotics trafficking. It highlights how corruption and ineffective law enforcement lead to both underpolicing and overpolicing, undermining the Rule of Law and human rights. The author advocates for a two-tiered strategy to develop the Rule of Law internationally and locally to address these issues effectively.


Contingency Fees: Should Plaintiffs Lawyers In The Tobacco Settlement Receive Billions Of Dollars?, Charles Silver, Lester Brickman Sep 1997

Contingency Fees: Should Plaintiffs Lawyers In The Tobacco Settlement Receive Billions Of Dollars?, Charles Silver, Lester Brickman

Articles

The article debates the fairness of contingency fees for plaintiff lawyers in the $368.5 billion tobacco settlement, with one side arguing the fees are justified due to the high risks and successful outcome, while the other advocates for congressional intervention to set a uniform, sliding-scale fee structure.


Introduction: Three Contributions To Three Important Problems In Evidence Scholarship, Peter Tillers Jul 1997

Introduction: Three Contributions To Three Important Problems In Evidence Scholarship, Peter Tillers

Cardozo Law Review

This issue of the Cardozo Law Review is graced with original contributions about three fundamental problems in evidence scholarship and the law of evidence. First, in an exchange of views about legal remedies for the wrongful infliction of "evidential damage," Professors Ariel Porat and Alex Stein, on the one hand, and Professor Richard Friedman, on the other, touch on some of the difficulties that are associated with the nearly oxymoronic task of measuring the harm done by the destruction or loss of unknown evidence. Second, in an article about the relationship between estimation of drug quantities and burdens of proof, …