Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Criminal Law (2)
- Education Law (2)
- Intellectual Property Law (2)
- International Law (2)
- Science and Technology Law (2)
-
- State and Local Government Law (2)
- Torts (2)
- Administrative Law (1)
- Agriculture Law (1)
- Antitrust and Trade Regulation (1)
- Comparative and Foreign Law (1)
- Constitutional Law (1)
- Environmental Law (1)
- European Law (1)
- Family Law (1)
- First Amendment (1)
- Health Law and Policy (1)
- Indigenous, Indian, and Aboriginal Law (1)
- Jurisprudence (1)
- Juvenile Law (1)
- Land Use Law (1)
- Law and Gender (1)
- Law and Race (1)
- Legal History (1)
- Legislation (1)
- Litigation (1)
- Medical Jurisprudence (1)
- Natural Resources Law (1)
- Institution
- Keyword
-
- FDA (5)
- Regulatory law (3)
- Biotechnology (2)
- Pharmaceutical regulation (2)
- Preemption (2)
-
- ATF (1)
- Authority (1)
- CDNA (1)
- Cause of Action (1)
- Consumer protection (1)
- Crime (1)
- Crimes (1)
- Criminal Justice (1)
- Damages (1)
- Discretion (1)
- Dregulation (1)
- Drug (1)
- Drug research (1)
- Drug review (1)
- Drugs (1)
- Duty of care (1)
- Establishment clause (1)
- European Medicines Evaluation Agency (1)
- European Union countries (1)
- Federal Sentencing Guidelines (1)
- Federal preemption (1)
- Fo` (1)
- Food (1)
- Food and Drug Law (1)
- Food and drug administration (1)
- Publication
- Publication Type
Articles 1 - 17 of 17
Full-Text Articles in Food and Drug Law
Des Third-Generation Liability: A Proximate Cause, Tracey I. Batt
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 …
Liquor And Lemon: The Establishment Clause And State Regulation Of Alcohol Sales, Steven L. Lane
Liquor And Lemon: The Establishment Clause And State Regulation Of Alcohol Sales, Steven L. Lane
Vanderbilt Law Review
Approximately half of the fifty states and numerous municipalities maintain and enforce legislation that prohibits the sale of alcohol close to churches. A number of other states allow their liquor- licensing authorities to consider proposed vendors' proximity to churches. Likewise, states and municipalities in all regions of the country have laws that restrict the sale of alcohol on Sunday. Notwithstanding the secular justifications offered by the proponents of such legislation, analysis reveals that it is religiously motivated. Although the Bible contains no clear mandate against the sale, purchase, or consumption of alcohol, history illustrates that prohibitions on the sale of …
Is Random Suspicionless Drug Testing In The Schools Reasonable - An Analysis Of Vernonia School District 47j V. Acton, Katharine J.M. Chester
Is Random Suspicionless Drug Testing In The Schools Reasonable - An Analysis Of Vernonia School District 47j V. Acton, Katharine J.M. Chester
North Carolina Central Law Review
No abstract provided.
The International Conference On Harmonization Of Pharmaceutical Regulations, The European Medicines Evaluation Agency, And The Fda: Who's Zooming Who?, Dan Kidd
Indiana Journal of Global Legal Studies
No abstract provided.
Implementing The Public Welfare Requirement In New Mexico's Water Code, Consuelo Bokum
Implementing The Public Welfare Requirement In New Mexico's Water Code, Consuelo Bokum
Publications
Despite the fact that the New Mexico legislature added a public welfare criterion to the water code over 10 years ago, the State Engineer Office has not addressed the application of the criterion by regulation and has only addressed the public welfare briefly in a few decisions. There is almost no case law in New Mexico addressing this issue. More and more participants, however, are raising public welfare in water rights protests. This paper addresses how the public welfare criterion has developed in western water law and proposes an approach for use of the criterion in New Mexico.
When Discretion Leads To Distortion: Recognizing Pre-Arrest Sentence-Manipulation Claims Under The Federal Sentencing Guidelines, Jeffrey L. Fisher
When Discretion Leads To Distortion: Recognizing Pre-Arrest Sentence-Manipulation Claims Under The Federal Sentencing Guidelines, Jeffrey L. Fisher
Michigan Law Review
This Note argues that sentence manipulation should be a legally viable partial defense - a defense that does not warrant complete exoneration, but does warrant a reduced sentence when the government's investigative techniques place a quantity of drugs before the court that overrepresents the defendant's culpability, or individual blameworthiness. Part I describes the policies and objectives that underlie the Guidelines, but then demonstrates how the rigid application of quantity-based sentencing provisions can lead to sentence manipulation that thwarts these goals, particularly the goal of sentencing according to culpability. Part II describes how courts have responded to sentence manipulation claims. It …
Teaching The Elephant To Dance: Privatizing The Fda Review Process, Elizabeth Price Foley, Elizabeth C. Price
Teaching The Elephant To Dance: Privatizing The Fda Review Process, Elizabeth Price Foley, Elizabeth C. Price
Faculty Publications
Considers the implications of privatizing the Food and Drug Administration's (FDA) review of the safety and efficacy of medical devices and drugs. Concludes that the FDA's flaws - namely, a risk avoidance culture and autocratic style of regulation - can only be accomplished by breaking the agency's monopolization of this review function.
Pharmaceuticals: The Battle For Control In The 21st Century, Rachel F. Ochs
Pharmaceuticals: The Battle For Control In The 21st Century, Rachel F. Ochs
Journal of Law and Health
To explore these concepts, this paper focuses on the Japanese motivation for taking control in the pharmaceutical industry and efforts that the US can take to ensure its role as a leader in the pharmaceutical industry. First, the paper discusses how Japan is poised to invade the US pharmaceutical market, reasons for Japanese entry into the market, the Japanese focus on research, recent examples of Japanese expansion and how US policy may affect Japanese expansion into the pharmaceutical market. The next section describes the need for the FDA to protect consumer interests in the US since market forces and / …
The Politics Of Reducing Tobacco Use Among Children And Adolescents: Why The Food And Drug Administration Cannot Regulate Tobacco And A Proposed Policy For States And Local Communities, Timothy J. Degeeter
The Politics Of Reducing Tobacco Use Among Children And Adolescents: Why The Food And Drug Administration Cannot Regulate Tobacco And A Proposed Policy For States And Local Communities, Timothy J. Degeeter
Journal of Law and Health
This paper will reveal that although the FDA has a compelling argument from a public health point of view to regulate tobacco products, the proposed federal rule is beyond the scope of the FDA's authority. The FDA cannot unilaterally assert jurisdiction over tobacco products in order to implement restrictions for children and adolescents without specific Congressional action. Instead, Congress has specifically delegated such regulatory authority to the states. Moreover, the proposed rule lacks necessary enforcement mechanisms to adequately keep tobacco products out of the hands of children and adolescents.
Protecting Our Children: A Call To Reform State Policies To Hold Pregnant Drug Addicts Accountable, 29 J. Marshall L. Rev. 765 (1996), Julie J. Zitella
Protecting Our Children: A Call To Reform State Policies To Hold Pregnant Drug Addicts Accountable, 29 J. Marshall L. Rev. 765 (1996), Julie J. Zitella
UIC Law Review
No abstract provided.
Patents: Help Or Hindrance To Technology Transfer?, Rebecca S. Eisenberg
Patents: Help Or Hindrance To Technology Transfer?, Rebecca S. Eisenberg
Book Chapters
Intellectual property is a broad heading used to refer to a wide variety of rights associated with inventions, discoveries, writings, artistic works, product designs, and designations of the source of goods and services. Patents and trade secrets are the most important of these sorts of intellectual properties in the field of biotechnology. One aspect of intellectual property that distinguishes it sharply from other forms of property-and for some people makes it harder to justify-is that intellectual properties may be possessed and used by many people simultaneously. This is not so for tangible property. If someone borrows my car, I cannot …
Crime And Punishment: Benign Neglect Of Racism In The Criminal Justice System, Angela J. Davis
Crime And Punishment: Benign Neglect Of Racism In The Criminal Justice System, Angela J. Davis
Scholarly Articles in Law Reviews & Journals
This article is a literary review and analysis of Malign Neglect: Race, Crime, and Punishment in America by Michael Tonry (1995). Part I of this review describes Tonry's analysis of the crime policies of the Reagan and Bush administrations. Part II discusses Tonry's indictment of the War on Drugs and criticizes his failure to acknowledge the effects of discriminatory prosecutorial practices and sentencing laws. Part III critiques Tonry's trivialization of the significance of race discrimination in the criminal justice system more generally. Part IV summarizes Tonry's proposals for change and stresses the importance of documenting, examining, and eliminating racial bias …
What's In A Name - Nothing Good If It's Friday: The Seventh Circuit Invalidates Good Friday Public School Holiday, 29 J. Marshall L. Rev. 1031 (1996), Joanne Yasus
UIC Law Review
No abstract provided.
To Patent Or Not To Patent: Gene Therapy In The European Union And The United States, Nada Jain
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.
Meeting The Objectives Of The Mda: Implied Preemption Of State Tort Claims By The Medical Device Amendments, Theresa J. Pulley Radwan
Meeting The Objectives Of The Mda: Implied Preemption Of State Tort Claims By The Medical Device Amendments, Theresa J. Pulley Radwan
Journal of Law and Health
This article attempts to reconcile the competing purposes of the MDA, and to offer one alternative to effectuate Congress' purposes without preempting some claims and permitting others. First, this article will describe the arrangement of the MDA, including the classification provisions for medical devices and the preemption provision of the MDA. Next, this article will interpret the caselaw regarding preemption in general, and specifically preemption of state tort claims by the MDA. Finally, this article seeks to reconcile two competing purposes of Congress in enacting the MDA through implied preemption of state tort claims, with exceptions for devices which have …
Is Law The Prescription That Can Cure Medicine?, Samuel Gorovitz
Is Law The Prescription That Can Cure Medicine?, Samuel Gorovitz
Journal of Law and Health
Now medical care has been transformed. We recognize that the human organism is a complex interaction of many different systems-respiratory, circulatory, neurological, digestive, and so on. Some of them can fail and create both problems and opportunities we did not formerly have. One of the opportunities we now have is that we can keep people alive who in an earlier era would not have survived. And one of the problems we now have is also that we can keep people alive who in an earlier era would not have survived. Some of them are kept alive with such diminished capacity …
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 …