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Food and Drug Law Commons

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Cardozo Law Review

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Articles 31 - 38 of 38

Full-Text Articles in Food and Drug Law

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.


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.


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, …


Des Third-Generation Liability: A Proximate Cause, Tracey I. Batt Dec 1996

Des Third-Generation Liability: A Proximate Cause, Tracey I. Batt

Cardozo Law Review

The drug DES has been associated with multigenerational injuries. Although courts in a number of states have allowed many second-generation DES victims to recover from the drug's manufacturers, this remedy, to date, has not been extended to thirdgeneration DES casualties. A number of reasons have been cited for this refusal, but the fear of requiring a drug manufacturer to be perpetually liable to descendants of those who ingested DES as well as the tricky issue of proximate causation predominate. This Note argues that at least some third-generation DES victims could (and should) be allowed to recover, without changing any laws …


Assembling A Theory Of Infringement: Third Party Liability Based On In Vivo Production Of Patented Pharmaceuticals, Eitan Alexander Ogen Sep 1995

Assembling A Theory Of Infringement: Third Party Liability Based On In Vivo Production Of Patented Pharmaceuticals, Eitan Alexander Ogen

Cardozo Law Review

This Note addresses the novel and still unresolved issues raised by the facts underlying Zenith. Part I describes the patent law system and its importance to the pharmaceutical industry. Part II discusses statutory interpretation issues raised by Zenith, relating to direct infringement and associated third party liability, as they pertain to the metabolic processes of living beings. Part III analyzes these issues in light of the existing case law. Part IV integrates the discussion by proposing a set of factors to be weighed in analyzing infringement actions against third parties that is consistent with the prevailing jurisprudence, the …


Strict Products Liability: The Original Intent, George L. Priest Aug 1989

Strict Products Liability: The Original Intent, George L. Priest

Cardozo Law Review

No abstract provided.


The High Cost Of Free Prescription Drug Samples: An Argument For Federal Regulation, Christine A. Meyers Aug 1988

The High Cost Of Free Prescription Drug Samples: An Argument For Federal Regulation, Christine A. Meyers

Cardozo Law Review

No abstract provided.


The Necessary Complement To Mandatory Immunizations: A National Vaccination Compensation Program, Barbara J. Connolly Oct 1986

The Necessary Complement To Mandatory Immunizations: A National Vaccination Compensation Program, Barbara J. Connolly

Cardozo Law Review

No abstract provided.