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Articles 1 - 30 of 39
Full-Text Articles in Food and Drug Law
Drawing Lines In The Substance: Questioning The Inconsistent Application Of West Virginia's Recidivist Statute In Cases Involving Controlled Substance Violations, Patrick Hassen
West Virginia Law Review
For decades, West Virginia’s recidivist statute required courts to sentence repeat felony offenders to life in prison even if their offenses were not violent. Over the years, the statute mandated life sentences for triggering offenses as minor as writing a bad check or failing to register a new phone number with the police. Unsurprisingly, the statute has come under its fair share of constitutional attack for violating the state Constitution’s proportionality principle. In 1981 the Supreme Court of Appeals of West Virginia held the state’s proportionality principle requires a strict interpretation of the recidivist statute in favor of the defendant. …
Are Ai-Assisted Drug Technologies Addressing Or Aggravating The Opioid Crisis In The United States?, Abby O'Hern
Are Ai-Assisted Drug Technologies Addressing Or Aggravating The Opioid Crisis In The United States?, Abby O'Hern
West Virginia Law Review
The opioid crisis is a significant public health emergency, intensified by the rise of synthetic opioids such as fentanyl. Lawmakers have described fentanyl as “terroristic in nature” due to its often-fatal properties. According to the Center for Disease Control (“CDC”), an estimated 107,543 people died from drug overdoses in the United States in 2023. As fentanyl use has surged, it has increasingly shaped public health policy through harm reduction initiatives, expanded addiction treatment resources, and legislative reforms aimed at curbing overdose deaths. Artificial Intelligence (“AI”) now plays a dual role in this evolving crisis. While AI technologies offer valuable tools …
The Public Utility Regulation Of Dollar General, Olivia R. Sokos
The Public Utility Regulation Of Dollar General, Olivia R. Sokos
West Virginia Law Review
As food insecurity persists across the country, few solutions have been proposed to address the lack of access to healthy food in rural regions. This Note explores whether public utilities regulation is a theoretical avenue for addressing rural food deserts. The contribution of this Note is to encourage the recognition of healthy food as a critical public good through a modern public utility lens and build solutions to inadequate food access in rural regions by considering the qualities unique to rural populations. One solution proposed herein is to apply a modern public utility framework to dollar stores, ensuring reliable and …
No Just Cause: A Decades-Long Strategy Of Deception And Secrecy That Enabled America's Deadly Opioid Crisis, Patrick C. Mcginley, Suzanne Weise
No Just Cause: A Decades-Long Strategy Of Deception And Secrecy That Enabled America's Deadly Opioid Crisis, Patrick C. Mcginley, Suzanne Weise
West Virginia Law Review
This Essay examines the national epidemic of prescription opioid addiction and overdose deaths that began in the mid-1990s and continues to the present. Litigating from West Virginia—ground-zero of the opioid crisis—the authors draw from their experiences providing pro bono representation of a West Virginia newspaper and The Washington Post to successfully uncover long-buried facts. If revealed to the public, that hidden information could have stopped the epidemic in its tracks, saving millions of Americans from addiction and hundreds of thousands from cruel overdose deaths. The Essay highlights how political influence and industry capture hindered effective oversight of prescription opioid profiteers. …
The Addiction Restriction: Addiction And The Right To Bear Arms, F. Lee Francis
The Addiction Restriction: Addiction And The Right To Bear Arms, F. Lee Francis
West Virginia Law Review
This Article is the culmination of a yearlong research project, and it is the first to address addiction and drug use in the area of Second Amendment law. I argue that addicts may be disarmed, if they are dangerous. My dangerousness test centers on illicit use and imminent danger. That is, do the facts and circumstances prove that an individual is in fact a danger? To put it another way, disarmament is appropriate when there exists demonstrable evidence that a person poses a significant and imminent risk of causing public injury. This Article develops and expands upon some themes and …
Symposium Remarks: Public Litigation Values Versus The Endless Quest For Global Peace, Elizabeth Chamblee Burch
Symposium Remarks: Public Litigation Values Versus The Endless Quest For Global Peace, Elizabeth Chamblee Burch
West Virginia Law Review
No abstract provided.
Nonviolent Drug Offenders Need Treatment--Not Prison: The Solution To Prison Overcrowding In West Virginia, Kendra Amick
Nonviolent Drug Offenders Need Treatment--Not Prison: The Solution To Prison Overcrowding In West Virginia, Kendra Amick
West Virginia Law Review
A tenfold increase in prison populations has occurred due to the policies and laws enacted by the War on Drugs campaign in the United States. This increase is the direct result of a rise in the incarceration of nonviolent drug offenders. Rearrest rates for nonviolent drug-related offenders sentenced to prison are 50%. For those offenders permitted to participate in a drug court program, this rate decreases by over half. In West Virginia, the battle against the opioid epidemic has caused it to become one of the fastest-growing prison populations in the nation. With a fast-emerging crisis on the rise, West …
States, Localities And Public Health, David Gartner
States, Localities And Public Health, David Gartner
West Virginia Law Review
No abstract provided.
Forbidden Flower: How Allowing Medical Cannabis Flower In West Virginia Helps Heal Patients And The State Economy, Jordan Maddy
Forbidden Flower: How Allowing Medical Cannabis Flower In West Virginia Helps Heal Patients And The State Economy, Jordan Maddy
West Virginia Law Review
No abstract provided.
Committed To Treatment?: The Potential Role Of Involuntary Hospitalization In West Virginia’S Response To The Opioid Epidemic, Quentin T. Collie
Committed To Treatment?: The Potential Role Of Involuntary Hospitalization In West Virginia’S Response To The Opioid Epidemic, Quentin T. Collie
West Virginia Law Review
No abstract provided.
Despite What You've Been Sold - Unwrapping The Falsities Surounding Food Labels, Camille Currey
Despite What You've Been Sold - Unwrapping The Falsities Surounding Food Labels, Camille Currey
West Virginia Law Review
No abstract provided.
The Prohibition Of Moonshine: A Consumer Protection Analysis Of Raw Milk In Interstate Commerce, Whitney R. Morgan
The Prohibition Of Moonshine: A Consumer Protection Analysis Of Raw Milk In Interstate Commerce, Whitney R. Morgan
West Virginia Law Review
No abstract provided.
Conflicting Federal And State Medical Marijuana Policies: A Threat To Cooperative Federalism, Todd Grabarsky
Conflicting Federal And State Medical Marijuana Policies: A Threat To Cooperative Federalism, Todd Grabarsky
West Virginia Law Review
The legal status of medical marijuana in the United States is something of a paradox. On one hand, the federal government has placed a ban on the drug with no exceptions. On the other hand, forty percent of states have legal- ized its cultivation, distribution, and consumption for medical purposes. As such, medical marijuana activity is at the same time proscribed (by the federal government) and encouraged (by state governments through their systems of regulation and taxation). This Article seeks to shed light on this unprecedented, nebulous zone of legality in which an activity is both legal and illegal, what …
Always Ask For A Brand-Name Drug: Trying To Untangle The Holding In Pliva V. Mensing, Elizabeth M. Lafayette
Always Ask For A Brand-Name Drug: Trying To Untangle The Holding In Pliva V. Mensing, Elizabeth M. Lafayette
West Virginia Law Review
No abstract provided.
Is There A Doctor In The (Station) House?: Reassessing The Constitutionality Of Compelled Dwi Blood Draws Forty-Five Years After Schmerber, Michael A. Correll
Is There A Doctor In The (Station) House?: Reassessing The Constitutionality Of Compelled Dwi Blood Draws Forty-Five Years After Schmerber, Michael A. Correll
West Virginia Law Review
The vast majority of Fourth Amendment jurisprudence of the last century has been dedicated to parsing the physical and in- tangible boundaries of the home, developing the expectation of privacy, and, as of late, exploring the constitutional implica- tions of an increasingly electronic society. In the midst of this development, one major area has quietly fallen by the wayside - the preservation of bodily integrity. As technology has ren- dered the human body an ever-increasing source of crucial evi- dence, the Supreme Court has remained largely silent on the government's power to harvest information through medical procedures. Since the Court's …
The Unjust Exclusion Of Gay Sperm Donors: Litigation Strategies To End Discrimination In The Gene Pool, Luke A. Boso
The Unjust Exclusion Of Gay Sperm Donors: Litigation Strategies To End Discrimination In The Gene Pool, Luke A. Boso
West Virginia Law Review
No abstract provided.
A Tough Pill To Swallow: Does The First Amendment Prohibit Wv From Regulating Pharmaceutical Companies' Advertising Expenses To Lower The Cost Of Prescription Drugs?, Brienne Taylor Greiner
A Tough Pill To Swallow: Does The First Amendment Prohibit Wv From Regulating Pharmaceutical Companies' Advertising Expenses To Lower The Cost Of Prescription Drugs?, Brienne Taylor Greiner
West Virginia Law Review
No abstract provided.
Rights, Rules, And Raich, Alex Kreit
Adequate Drug Warnings In The Face Of Uncertain Causality: The Learned Intermediary Doctrine And The Need For Clarity, Michael Imbroscio, Gabriel Bell
Adequate Drug Warnings In The Face Of Uncertain Causality: The Learned Intermediary Doctrine And The Need For Clarity, Michael Imbroscio, Gabriel Bell
West Virginia Law Review
No abstract provided.
Want Fries With That - A Critical Analysis Of Fast Food Litigation, Donald R. Richardson
Want Fries With That - A Critical Analysis Of Fast Food Litigation, Donald R. Richardson
West Virginia Law Review
No abstract provided.
Judicially Imposed Liquor Liability And Developments In West Virginia Negligence Actions, R. Scott Summers
Judicially Imposed Liquor Liability And Developments In West Virginia Negligence Actions, R. Scott Summers
West Virginia Law Review
No abstract provided.
Drug Induced Birth Defects: Difficult Decisions And Shared Responsibilities, David B. Brushwood
Drug Induced Birth Defects: Difficult Decisions And Shared Responsibilities, David B. Brushwood
West Virginia Law Review
No abstract provided.
Administering That Ounce Of Prevention: New Drugs And Nuclear Reactors--Part Ii, David F. Cavers
Administering That Ounce Of Prevention: New Drugs And Nuclear Reactors--Part Ii, David F. Cavers
West Virginia Law Review
No abstract provided.
Administering That Ounce Of Prevention: New Drugs And Nuclear Reactors--I, David F. Cavers
Administering That Ounce Of Prevention: New Drugs And Nuclear Reactors--I, David F. Cavers
West Virginia Law Review
No abstract provided.
Implied Warranty And The Sale Of Restaurant Food, Orton Alan Jones
Implied Warranty And The Sale Of Restaurant Food, Orton Alan Jones
West Virginia Law Review
No abstract provided.
Is The Food Manufacturer An Insurer Of The Wholesomeness Of His Product, D. R. K.
Is The Food Manufacturer An Insurer Of The Wholesomeness Of His Product, D. R. K.
West Virginia Law Review
No abstract provided.
Constitutional Law--Privileges And Immunities Of Citizens In The Several States--Right Of State To Impost Residence Requirements For Distribution Of Nonintoxicating Beer, H. A. W. Jr.
West Virginia Law Review
No abstract provided.
Sales--Implied Warranty Of Canned Food, F. L. W.
Sales--Implied Warranty Of Canned Food, F. L. W.
West Virginia Law Review
No abstract provided.
Constitutional Law--Federal Taxation Of State Liquor Monopoly, Robert W. Burk
Constitutional Law--Federal Taxation Of State Liquor Monopoly, Robert W. Burk
West Virginia Law Review
No abstract provided.
Milk Regulation: A Problem In Economics, Legislation, And Administration, Julius Cohen
Milk Regulation: A Problem In Economics, Legislation, And Administration, Julius Cohen
West Virginia Law Review
No abstract provided.