Food and Drug Law Commons^™

High Time For Change: How Legalizing Marijuana Could Help Narrow The Racial Divide In The United States, Gene Taras

Cardozo Journal of International and Comparative Law

The note argues that legalizing marijuana in the United States could significantly reduce the racial disparities perpetuated by the war on drugs. It traces the origins of marijuana prohibition to racially motivated policies and highlights how these laws disproportionately affect minority communities. By examining international models and domestic legalization efforts, the article suggests that ending prohibition could address systemic inequities and generate economic benefits.

Gene Patents In The Wake Of Association For Molecular Pathology V. Myriad Genetics, Inc.: An International Perspective On Pharmacogenomics, Stephanie S. Lim

Cardozo Journal of International and Comparative Law

Now that the Supreme Court of the United States has held that isolated DNA fragments are not patentable subject matter under 35 U.S.C. §101 in Association for Molecular Pathology v. Myriad Genetics, Inc., thousands of existing isolated gene patents can be invalidated. In the European Union, by contrast, patent protection for human genetic sequences has always been strong and the BRCA gene patents at issue in Myriad are still valid in the European Union. It remains to be seen how the differential gene patent protection regimes in these developed nations will affect the biotechnology industry.

This Note poses that question …

Brew Free Or Die? A Comparative Analysis Of U.S. And E.U. Craft Beer Regulations, Tammy Lam

Cardozo Journal of International and Comparative Law

The note examines the challenges faced by craft beer brewers and small alcohol producers in the United States and the European Union under current regulatory frameworks, particularly the U.S. three-tier system. It critiques the system for constraining small producer growth while favoring large brewers and suggests that adopting elements of the E.U.'s regulatory approach, which prioritizes public health and advertising regulation, could foster growth and promote safe alcohol consumption. The analysis also highlights the need for cultural shifts in U.S. perceptions of alcohol to support smaller producers

Alcohol And Obesity Law In Canada, The United Kingdom, And Australia, M. Neil Browne, Nancy K. Kubasek

Cardozo Journal of International and Comparative Law

The article examines the legal frameworks governing disability discrimination related to alcohol dependence and obesity across Canada, the United Kingdom, and Australia. It highlights the varying degrees of protection afforded to individuals with these conditions under human rights legislation and employment laws. The analysis underscores the tension between recognizing these conditions as disabilities and balancing employer responsibilities, while also exploring the evolving nature of legal protections in light of recent court rulings and shifting societal attitudes.

Beyond The Core: Incorporating Transnational Crimes Into The Rome Statute, Regina Menachery Paulose

Cardozo Journal of International and Comparative Law

The article argues that the International Criminal Court (ICC) should expand its jurisdiction to include transnational organized crime, such as drug trafficking, counterfeiting, and arms trade, to address the growing global threat posed by these crimes. While the Rome Statute currently excludes such crimes, the ICC’s role as a court of last resort and its independence make it an ideal institution to prosecute transnational organized crime, fostering international cooperation and enhancing deterrence. The article advocates for a unified definition of transnational organized crime and the inclusion of select crimes from the United Nations Convention against Transnational Organized Crime (CATOC) and …

Dynamic Patent Governance In Europe And The United States: The Myriad Example, Kali Murray, Esther Van Zimmeren

Cardozo Journal of International and Comparative Law

This Article examines the emerging elements of a new model for patent governance. It is divided into four parts. In Section One, we develop a model of dynamic patent governance. This model extends the theoretical framework of network governance, to explain the emergence of networks in the decisionmaking infrastructure for the public and private actors in the patent system. Dynamic patent governance widens this theoretical framework in two key ways. First, dynamic patent governance, within its formal dimensions, is based on the idea that heterogeneous administrative actors regulate the grant and enforcement of patents. This challenges a perspective that sees …

The International Control Of Illegal Drugs And The U.N. Treaty Regime: Preventing Or Causing Human Rights Violations?, Daniel Heilmann

Cardozo Journal of International and Comparative Law

The international drug control regime, established to preserve human health and welfare, faces criticism for prioritizing criminalization and punishment over education, harm reduction, and human rights. The regime's prohibition-oriented approach, while comprehensive, is challenged by modern human rights standards and the evolving illegal drug market. The article examines whether the regime remains effective and aligned with contemporary human rights principles, emphasizing the need to balance control measures with human rights protections.

Pharmaceutical Patent Bargains: The Brazilian Experience, Bruno Salama, Daniel Benoliel

Cardozo Journal of International and Comparative Law

In the backdrop of the strict patent regime flatly adopted by the World Trade Organization (WTO) for all countries, a few countries constantly challenge this system through aggressive patent bargains. Within the pharmaceutical sector, noticeably, some countries now threaten to issue or otherwise actually issue compulsory licenses that may sway large pharmaceutical companies into selling drugs with large discounts or into granting voluntary licenses domestically. That is conspicuously the negotiation strategy adopted by Brazil in its negotiations with big international pharmaceutical companies.

This paper explains Brazil's aggressive bargaining approach based on an analysis of two aspects of its political economy. …

Are We Fighting The Right War?, Alyssa Greenspan

Cardozo Journal of International and Comparative Law

No abstract provided.

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.

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 …

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

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.

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

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.

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.

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.

To Patent Or Not To Patent: Gene Therapy In The European Union And The United States, Nada Jain

Cardozo Journal of International and Comparative Law

The note examines the role of patent systems in the biotechnology industry, particularly in gene therapy, comparing the approaches of the EU and the U.S. It highlights how differences in patentability standards, such as the exclusion of treatment methods in the EU versus broader protections in the U.S., impact innovation and investment. The analysis emphasizes the need for balanced patent policies that foster innovation while addressing ethical concerns.