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Articles 91 - 105 of 105
Full-Text Articles in Food and Drug Law
Thalidomide And The Titanic: Reconstructing The Technology Tragedies Of The Twentieth Century, George J. Annas
Thalidomide And The Titanic: Reconstructing The Technology Tragedies Of The Twentieth Century, George J. Annas
Faculty Scholarship
The Titanic has become a metaphor for the disastrous consequences of an unqualified belief in the safety and invincibility of new technology. Similarly, the thalidomide tragedy stands for all of the "monsters" that can be inadvertently or negligently created by modern medicine. Thalidomide, once banned, has returned to the center of controversy with the Food and Drug Administration's (FDA's) announcement that thalidomide will be placed on the market for the treatment of erythema nodosum leprosum, a severe dermatological complication of Hansen's disease. Although this indication is very restricted, thalidomide will be available for off-label uses once it is on the …
Rehabilitative Punishment And The Drug Treatment Court Movement, Richard C. Boldt
Rehabilitative Punishment And The Drug Treatment Court Movement, Richard C. Boldt
Faculty Scholarship
No abstract provided.
Formed By Thalidomide: Mass Torts As A False Cure For Toxic Exposure, Anita Bernstein
Formed By Thalidomide: Mass Torts As A False Cure For Toxic Exposure, Anita Bernstein
Faculty Scholarship
No abstract provided.
A False Start?: The Impact Of Federal Policy On The Genotechnology Industry, Michael J. Malinowski, Maureen A. O'Rourke
A False Start?: The Impact Of Federal Policy On The Genotechnology Industry, Michael J. Malinowski, Maureen A. O'Rourke
Faculty Scholarship
Important scientific discoveries in the field of human genetics have been reported in the nation's major newspapers since the beginning of the decade, and these discoveries have given rise to a multi-billion dollar industry. Mr. Malinowski and Professor O'Rourke explore the impact of federal policy on the field and the resulting industry. They argue that federal policy in support of genetics research and development has not been followed by the introduction of regulatory and health policy necessary for the efficient and responsible commercialization of the industiy's products. As a consequence, Mr. Malinowski and Professor O'Rourke suggest, federal policy may have …
The Changing Landscape Of Human Experimentation: Nuremberg, Helsinki, And Beyond, George J. Annas
The Changing Landscape Of Human Experimentation: Nuremberg, Helsinki, And Beyond, George J. Annas
Faculty Scholarship
Since World War II there have been persistent efforts at both the national and international level to develop rules to protect the rights and welfare of subjects of human experimentation.' These efforts have focused primarily on codifying the rights of subjects, and protecting their welfare by prior peer review of research protocols. In recent years research regulations have been under attack by politicians, drug companies, researchers, and advocacy groups. In less than half a century, human experimentation has been transformed from a suspect activity into a presumptively beneficial activity. With this transformation, traditional distinctions between experimentation and therapy, subject and …
Getting New Drugs To People With Aids: A Public Policy Response To Lansdale, Marsha N. Cohen
Getting New Drugs To People With Aids: A Public Policy Response To Lansdale, Marsha N. Cohen
Faculty Scholarship
No abstract provided.
Drug Legalization: The Importance Of Asking The Right Question Symposium On Drug Decriminalization, Mark A.R. Kleinman, Aaron J. Saiger
Drug Legalization: The Importance Of Asking The Right Question Symposium On Drug Decriminalization, Mark A.R. Kleinman, Aaron J. Saiger
Faculty Scholarship
As a policy analysis, this article's central argument is that that the costs imposed by markets in licit psychoactives are significantly greater than those imposed by drug prohibition.
Charleston Policy: Substance Or Abuse, The , Kimani Paul-Emile
Charleston Policy: Substance Or Abuse, The , Kimani Paul-Emile
Faculty Scholarship
In 1989, the Medical University of South Carolina (MUSC) adopted a policy that, according to subjective criteria, singled out for drug testing, certain women who sought prenatal care and childbirth services would be tested for prohibited substances. Women who tested positive were arrested, incarcerated and prosecuted for crimes ranging from misdemeanor substance possession to felony substance distribution to a minor. In this Article, the Author argues that by intentionally targeting indigent Black women for prosecution, the MUSC Policy continued the United States legacy of their systematic oppression and resulted in the criminalizing of Black Motherhood.
Drug Product Liability And Health Care Delivery Systems, William M. Sage
Drug Product Liability And Health Care Delivery Systems, William M. Sage
Faculty Scholarship
This note will use the principles of law and economics to examine the interaction of market structures and product liability rules in a world of imperfect information. The goals of the analysis are to create incentives for optimal care by producers and consumers, induce the socially appropriate amount of consumption of each product (often referred to as the "activity level"), and minimize the costs of bearing the risk of injury. The note will conclude that the existence of health maintenance organizations ("HMOs") and similar prepaid providers with superior information capacity and total patient care responsibility may create a context in …
With Liberty And Justice For All: An Essay On Agent Orange And Choice Of Law, Aaron Twerski
With Liberty And Justice For All: An Essay On Agent Orange And Choice Of Law, Aaron Twerski
Faculty Scholarship
No abstract provided.
Charting The Future Course For Corporate Management Of Health Risks, Michael S. Baram
Charting The Future Course For Corporate Management Of Health Risks, Michael S. Baram
Faculty Scholarship
Corporations engage in technological activities of benefit to society, but thereby also create new health risks for workers, consumers, and communities. Government regulatory agencies deal with this chronic problem by conducting risk analyses and imposing various duties on private firms. Despite agency efforts and corporate compliance, health risks continue to arise and take their toll. To what extent will private firms voluntarily assume greater responsibility for preventing these health risks? This question is of increasing social importance, because the limitations of regulatory efforts are now obvious, whereas health risks are now being identified at what appears to be an increasing …
Animal Feedlot Regulation In Minnesota, Marcia R. Gelpe
Animal Feedlot Regulation In Minnesota, Marcia R. Gelpe
Faculty Scholarship
Animal feedlots frequently are the subject of dispute between operators and surrounding landowners. In this Article, Professor Gelpe identifies the environmental problems created by animal feedlots and discusses the common-law remedies. In addition, Professor Gelpe provides valuable insights into the application and Interpretation of feedlot regulations recently enacted by Minnesota.
Stevens V. Parke, Davis & Co., Marsha N. Cohen
Stevens V. Parke, Davis & Co., Marsha N. Cohen
Faculty Scholarship
No abstract provided.
Enforcement Under The Food, Drug, And Cosmetic Act–The Park Case In Perspective, Marsha N. Cohen
Enforcement Under The Food, Drug, And Cosmetic Act–The Park Case In Perspective, Marsha N. Cohen
Faculty Scholarship
No abstract provided.
Legal/Regulatory Developments Affecting Food–Perspective Of The Consumers Union, Marsha N. Cohen
Legal/Regulatory Developments Affecting Food–Perspective Of The Consumers Union, Marsha N. Cohen
Faculty Scholarship
No abstract provided.