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Food and Drug Law Commons

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2001

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Articles 1 - 27 of 27

Full-Text Articles in Food and Drug Law

Distributing Products Under The Nonprofit Institutions Act: Pricc Discrimination, Arbitrage, And Fraud In The Pharmaceutical Industry, Dennis S. Corgill Nov 2001

Distributing Products Under The Nonprofit Institutions Act: Pricc Discrimination, Arbitrage, And Fraud In The Pharmaceutical Industry, Dennis S. Corgill

BYU Law Review

No abstract provided.


Drug Designs Are Different, Aaron Twerski, J. A. Henderson Oct 2001

Drug Designs Are Different, Aaron Twerski, J. A. Henderson

Faculty Scholarship

No abstract provided.


Introduction: Syncopated Sustainable Development (Sustainable Development, Agriculture, And The Challenge Of Genetically Modified Organisms Symposium), John S. Applegate, Alfred C. Aman Oct 2001

Introduction: Syncopated Sustainable Development (Sustainable Development, Agriculture, And The Challenge Of Genetically Modified Organisms Symposium), John S. Applegate, Alfred C. Aman

Indiana Journal of Global Legal Studies

No abstract provided.


Sustainable Agriculture, Patent Rights, And Plant Innovation, Mark D. Janis Oct 2001

Sustainable Agriculture, Patent Rights, And Plant Innovation, Mark D. Janis

Indiana Journal of Global Legal Studies

No abstract provided.


Food Systems And Dietary Perspectives: Are Genetically Modified Organisms The Best Way To Ensure Nutritionally Adequate Food?, Ellen Messer Oct 2001

Food Systems And Dietary Perspectives: Are Genetically Modified Organisms The Best Way To Ensure Nutritionally Adequate Food?, Ellen Messer

Indiana Journal of Global Legal Studies

No abstract provided.


Genetically Modified Organisms In Peasant Farming: Social Impact And Equity, Stephen B. Brush Oct 2001

Genetically Modified Organisms In Peasant Farming: Social Impact And Equity, Stephen B. Brush

Indiana Journal of Global Legal Studies

No abstract provided.


The Palestinian Poverty Problem In The Era Of Globalization, Ariel J. Leinwand Oct 2001

The Palestinian Poverty Problem In The Era Of Globalization, Ariel J. Leinwand

Indiana Journal of Global Legal Studies

No abstract provided.


The Role Of Discrimination And Drug Policy In Excessive Incarceration In The United States, Steven J. Boretos Sep 2001

The Role Of Discrimination And Drug Policy In Excessive Incarceration In The United States, Steven J. Boretos

University of the District of Columbia Law Review

No abstract provided.


A Weighty Issue: Will Pharmacists Survive The Fen-Phen Feeding Frenzy? Kohl V. American Home Products Corporation And A Pharmacist's Duty To Warn Of The Dangers Of Prescription Drugs, Karina Fox Sep 2001

A Weighty Issue: Will Pharmacists Survive The Fen-Phen Feeding Frenzy? Kohl V. American Home Products Corporation And A Pharmacist's Duty To Warn Of The Dangers Of Prescription Drugs, Karina Fox

BYU Law Review

No abstract provided.


Reefer Madness: How Voters Responded To Medicinal Marijuana Initiatives In The 1998 State Elections, Ryan E. Wood Aug 2001

Reefer Madness: How Voters Responded To Medicinal Marijuana Initiatives In The 1998 State Elections, Ryan E. Wood

Masters Theses

In recent years, a growing number of states have witnessed the passage of state initiatives that have authorized the medicinal use of marijuana. The medicinal marijuana movement has circumvented elected state legislatures by relying on an increasingly popular form of direct democracy - the direct initiative. This paper briefly examines the history and continuing legacy of illicit drugs and the initiative process in the context of the movement for medicinal marijuana. However, the primary focus of this study is to uncover the voter characteristics that influenced attitudes toward medicinal marijuana in the 1998 state elections. This paper uses Voter News …


Got "Hormone-Free" Milk?: Your State May Have Enough Interest To Let You Know, Jennifer R. Thornley Jul 2001

Got "Hormone-Free" Milk?: Your State May Have Enough Interest To Let You Know, Jennifer R. Thornley

Indiana Law Journal

No abstract provided.


Food And Drug Law Summer Internship Program: Issues In Food And Drug Law, Melinda Michelle Moss May 2001

Food And Drug Law Summer Internship Program: Issues In Food And Drug Law, Melinda Michelle Moss

All Graduate Theses and Dissertations, Spring 1920 to Summer 2023

In recent years, the main food regulatory agency, the Food and Drug Administration, has faced a number of diverse and complicated issues. The impact of these issues has resonated throughout the entire food community. The coarse of action that regulators decide to take in coming years will change how the nation relates to food. Regulators and industry leaders must deal with the increased amount of responsibility they hold, the changing face of food products, contention between industry and consumers, and administrative shortcomings. Both the Food and Drug Administration and industry leaders are working to maintain the high level of food …


Testing The Limits: Alcohol & Drug Testing For Offshore Employees, Brian Johnston, Tara Erskine Apr 2001

Testing The Limits: Alcohol & Drug Testing For Offshore Employees, Brian Johnston, Tara Erskine

Dalhousie Law Journal

The legal limits of drug and alcohol testing by employers in the Atlantic Canada offshore are not yet entirely clear. To shed light on where these limits may lie, the authors examine the relevant law in the United Kingdom and the United States, together with the law on testing in Canada generally and the applicable provisions of the Accord Acts.


Sentencing In The States: The Good, The Bad, And The Ugly, Julie Stewart Apr 2001

Sentencing In The States: The Good, The Bad, And The Ugly, Julie Stewart

Osgoode Hall Law Journal

Mandatory sentencing laws are responsible for the booming prison population in the United States. They are applied most frequently to crimes involving drugs and mandate harsh penalties of five, ten, twenty years or more behind bars for crimes involving no violence. Julie Stewart, President of the Families Against Mandatory Minimums Foundation (FAMM) and the sister of a marijuana user who spent five years in a federal prison, describes the unfairness of America’s sentencing policies, with a particular emphasis on the application of mandatory minimum sentences to drug-related convictions. These laws have led to a marked increase in the number of …


A Precautionary Tale: The International Trade Implications Of Regulating Genetically Modified Foods In Australia And New Zealand, Denise M. Lietz Mar 2001

A Precautionary Tale: The International Trade Implications Of Regulating Genetically Modified Foods In Australia And New Zealand, Denise M. Lietz

Washington International Law Journal

The current international debate surrounding the development of genetically modified ("GM") foods centers around the selection of appropriate regulations to control the new technology's potential food safety risks. Australia and New Zealand have used a precautionary approach to develop their regulatory system for GM foods—a system that will soon include a stringent labeling requirement for all foods containing GM ingredients. The United States, on the other hand, has rejected the precautionary approach to regulating GM foods and does not require mandatory labeling of most GM foods. These differing national regulations may lead to restrictions on the importation of many U.S. …


Self-Prescribing Medication: Regulating Prescription Drug Sales On The Internet, 20 J. Marshall J. Computer & Info. L. 57 (2001), Kristin Yoo Jan 2001

Self-Prescribing Medication: Regulating Prescription Drug Sales On The Internet, 20 J. Marshall J. Computer & Info. L. 57 (2001), Kristin Yoo

UIC John Marshall Journal of Information Technology & Privacy Law

"Online pharmacies, your friendly neighborhood drugstores." The Internet is not only a great telecommunication medium but also a low-cost and convenient commercial marketplace. It is no exception that online pharmacies flourished as a result, but the consequences of such development pose grave danger to the public and great challenges to regulations. The author discusses the benefits and risk of online pharmacies, the different types of online pharmacies, state governments' involvement in regulating online prescriptions and federal involvements. Despite both state and federal legislations and regulations, proliferation of online pharmacies, established inside and outside of the US, proves to be a …


Computer-Aided Drug Design Using Patented Compounds: Infringement In Cyberspace?, 34 J. Marshall L. Rev. 1001 (2001), Ted L. Field Jan 2001

Computer-Aided Drug Design Using Patented Compounds: Infringement In Cyberspace?, 34 J. Marshall L. Rev. 1001 (2001), Ted L. Field

UIC Law Review

No abstract provided.


Merits Of Ratifying And Implementing The Cartagena Protocol On Biosafety, Jonathan A. Glass Jan 2001

Merits Of Ratifying And Implementing The Cartagena Protocol On Biosafety, Jonathan A. Glass

Northwestern Journal of International Law & Business

In a meeting in Cartagena, Colombia in February 1999, parties to the CBD, known as the Conference of the Parties ("COP"), could not agree on the proposed biosafety protocol drafted in prior meetings.3 However, in January 2000, in a meeting in Montreal, the parties to the CBD finally adopted the draft protocol, naming it the Cartagena Protocol on Biosafety ("Cartagena Protocol or Protocol"). 4 When the Cartagena Protocol opened for signature at the CBD's COP meeting in Nairobi in May 2000, sixty-four governments and the European Union signed the Protocol . Presently, eighty-one parties have signed the Protocol, while only …


Implications Of Fda Approval Of Ru-486: Regulating Mifepristone Within The Bounds Of The Constitution, Bradley E. Cunningham Jan 2001

Implications Of Fda Approval Of Ru-486: Regulating Mifepristone Within The Bounds Of The Constitution, Bradley E. Cunningham

Kentucky Law Journal

No abstract provided.


The Affordable Prescription Drugs Act: A Solution For Today's High Prescription Drug Prices , John D. Pinzone Jan 2001

The Affordable Prescription Drugs Act: A Solution For Today's High Prescription Drug Prices , John D. Pinzone

Journal of Law and Health

This article will discuss a recently proposed bill, The Affordable Prescription Drugs Act (APDA), and how it will attempt to strike a balance between reducing prices to make essential drugs more available and affordable, and working with pharmaceutical companies to make sure they profit and invest their money into research and development of new essential drugs. It argues that the APDA increases competition in the market place, thus reducing the price of prescription drugs, while still allowing pharmaceutical companies to profit from their inventions. In reaching this conclusion this article examines the bill itself, how to define an essential drug, …


Making Clinical Trials Safer For Human Subjects, Michael S. Baram Jan 2001

Making Clinical Trials Safer For Human Subjects, Michael S. Baram

Faculty Scholarship

Clinical trials, in which new biotech and other medical products are tested on human subjects, provide much of the data used by the FDA to determine whether the products are suitable for routine use in health care. Thus, the trials are of obvious importance to medical progress and improvement of public health, and to those who have career and financial interests at stake. But clinical trials are also important to the human subjects involved because the products being tested on them may remedy their illnesses, but may also pose risks since the products have usually not been previously tested on …


Why Don't We Enforce Existing Drug Price Controls? The Unrecognized And Unenforced Reasonable Pricing Requirements Imposed Upon Patents Deriving In Whole Or In Part From Federally-Funded Research, Michael Henry Davis, Peter S. Arno Jan 2001

Why Don't We Enforce Existing Drug Price Controls? The Unrecognized And Unenforced Reasonable Pricing Requirements Imposed Upon Patents Deriving In Whole Or In Part From Federally-Funded Research, Michael Henry Davis, Peter S. Arno

Law Faculty Articles and Essays

This Article discusses drug pricing in the context of federally funded inventions. It examines the “march-in” provision of the Bayh-Dole Act, a federal statute that governs inventions supported in whole or in part by federal funding. It discusses technology-transfer activity as a whole and the often-conflicting roles of the government, academia, and industry. The Article discusses the mechanisms of the Bayh-Dole Act and examines its legislative history. It notes that the Act has had a powerful price-control clause since its enactment in 1980 that mandates that inventions resulting from federally funded research must be sold at reasonable prices. The Article …


Web Of Manipulation: The Learned Intermediary Doctrine And Direct-To-Consumer Advertising On The World Wide Web, 35 J. Marshall L. Rev. 97 (2001), April L. Foreman Jan 2001

Web Of Manipulation: The Learned Intermediary Doctrine And Direct-To-Consumer Advertising On The World Wide Web, 35 J. Marshall L. Rev. 97 (2001), April L. Foreman

UIC Law Review

No abstract provided.


A New Strategy For Human Rights Protection: Learning From Narcotics Trafficking In Mexico, Jeremiah E. Goulka Jan 2001

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.


Internet Pharmacies: Cyberspace Versus The Regulatory State , Ty Clevenger Jan 2001

Internet Pharmacies: Cyberspace Versus The Regulatory State , Ty Clevenger

Journal of Law and Health

The unique qualities of e-commerce make it difficult to regulate under any circumstances, but the growth of online pharmacies in particular is far outpacing the ability of government officials to investigate and enforce existing drug laws. In 1999, Americans spent an estimated $44 million purchasing prescription drugs from online pharmacies, a figure that is projected to reach $1 billion per year by 2003. In December of 1999, President Clinton proposed $10 million in new funding for the FDA to regulate Internet pharmacies and hire 100 new employees, but the FDA has yet to explain whether this would be enough to …


Pharmaceutical Patent Protection: More Generic Favored Legislation May Cause Pioneer Drug Companies To Pull The Plug On Innovation, Mandy Wilson Jan 2001

Pharmaceutical Patent Protection: More Generic Favored Legislation May Cause Pioneer Drug Companies To Pull The Plug On Innovation, Mandy Wilson

Kentucky Law Journal

No abstract provided.


Lindsey V. Tacoma-Pierce County Health Department: Cipollone Revisited, Billboards, State Law Tort Damages Actions, Federal Preemption And The Federal Cigarette Labeling And Advertising Act, Harold C. Reeder Jan 2001

Lindsey V. Tacoma-Pierce County Health Department: Cipollone Revisited, Billboards, State Law Tort Damages Actions, Federal Preemption And The Federal Cigarette Labeling And Advertising Act, Harold C. Reeder

Seattle University Law Review

The Article evaluates Lindsey and other recent cases dealing with local regulations restricting tobacco advertising; it also examines their respective preemption analyses, suggesting that the use of the FCLAA's preemption provision against such regulations is unwarranted. The article argues that in Lindsey, the Ninth Circuit misconstrued the Supreme Court's discussion of the preemptive scope of the FCLAA by failing to read it in the proper contex and that the FCLAA's preemption provision was not intended to prevent the particular types of regulations involved in Lindsey and these other cases. It argues that the preemption provision was only meant to …