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Food and Drug Law Commons

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2020

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Institution
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Articles 61 - 90 of 194

Full-Text Articles in Food and Drug Law

Safe Consumption Sites And The Perverse Dynamics Of Federalism In The Aftermath Of The War On Drugs, Deborah Ahrens Apr 2020

Safe Consumption Sites And The Perverse Dynamics Of Federalism In The Aftermath Of The War On Drugs, Deborah Ahrens

Dickinson Law Review (2017-Present)

In this Article, I explore the complicated regulatory and federalism issues posed by creating safe consumption sites for drug users—an effort which would regulate drugs through use of a public health paradigm. This Article details the difficulties that localities pursuing such sites and other non-criminal-law responses have faced as a result of both federal and state interference. It contrasts those difficulties with the carte blanche local and state officials typically receive from federal regulators when creatively adopting new punitive policies to combat drugs. In so doing, this Article identifies systemic asymmetries of federalism that threaten drug policy reform. While traditional …


Food In Prison: An Eighth Amendment Violation Or Permissible Punishment?, Natasha M. Clark Apr 2020

Food In Prison: An Eighth Amendment Violation Or Permissible Punishment?, Natasha M. Clark

Honors Thesis

This piece analyzes aspects such as; Eighth Amendment provisions, penology, case law, privatization and monopoly, and food law, that play into the constitutionality of privatized prisons using food as punishment. Prisoners have protection from excessive bail and fines and from cruel and unusual punishment, as per the 8th Amendment; however, deprivations such as restricted diets and harm caused by them is only a valid violation if the prisoner can prove deliberate indifference. Privatization of the prison industry has led to reduced quality, choice, and diversity in areas such as food, which comes at a detrimental cost to prisoners. Serving …


Dirty Business: Accountability For Harmful Pesticide Use In Brazil, Anna Goldstein Apr 2020

Dirty Business: Accountability For Harmful Pesticide Use In Brazil, Anna Goldstein

Cardozo International & Comparative Law Review

The note argues that the alarming rise in pesticide use in Brazil, particularly under President Jair Bolsonaro, has severe human health and environmental consequences. It emphasizes the need for a binding international legal framework to hold multinational corporations accountable for human rights abuses and environmental harm in their supply chains. Current voluntary frameworks and domestic laws, such as Brazil's Law 7802, are insufficient due to weak enforcement and lack of binding standards. The proposed UN Draft Treaty on Business and Human Rights is presented as a critical solution to address these gaps and ensure corporate accountability.


Patents As Property: Oil States And Its Implications On The Takings Clause, Jordan T. Owens Apr 2020

Patents As Property: Oil States And Its Implications On The Takings Clause, Jordan T. Owens

Cardozo Law Review

No abstract provided.


The Evolving Federal Response To State Marijuana, Robert A. Mikos Apr 2020

The Evolving Federal Response To State Marijuana, Robert A. Mikos

Vanderbilt Law School Faculty Publications

The states have launched a revolution in marijuana policy, creating a wide gap between state and federal marijuana law. While nearly every state has legalized marijuana in at least some circumstances, federal law continues to ban the substance outright. Nonetheless, the federal response to state reforms has been anything but static during this revolution. This Essay, based on my Distinguished Speaker Lecture at Delaware Law School, examines how the federal response to state marijuana reforms has evolved over time, from War, to Partial Truce, and, next (possibly) to Capitulation. It also illuminates the ways in which this shifting federal response …


Fertility Fraud And Proposal For Florida Legislation, Cheyenne Dunn Mar 2020

Fertility Fraud And Proposal For Florida Legislation, Cheyenne Dunn

Child and Family Law Journal

No abstract provided.


(Almost) No Bad Drugs: Near-Total Products Liability Immunity For Pharmaceuticals Explained, Anita Bernstein Mar 2020

(Almost) No Bad Drugs: Near-Total Products Liability Immunity For Pharmaceuticals Explained, Anita Bernstein

Washington and Lee Law Review

This Article explores four beliefs about supposed pharma-benevolence that appear to be shared by more than the industry, reaching the level almost of conventional wisdom. These figurative pillars help support one-sided results in court. However, each of the pillars on examination turns out at least a bit shaky. This Article puts them forward for review to start a necessary discussion.

The locus of this Article is products liability, where a court concludes that a manufactured object is defective or could be called defective by a factfinder following a trial. Drug manufacturers enjoy near-immunity from this consequence. Modern products liability identifies …


How The Food And Drug Administration Could Use The Power Of Publicity To Minimize Harm And Maximize Safety Of Regulated Products, Katelen Walsh Mar 2020

How The Food And Drug Administration Could Use The Power Of Publicity To Minimize Harm And Maximize Safety Of Regulated Products, Katelen Walsh

Health Law and Policy Brief

No abstract provided.


End Notes, Sustainable Development Law & Policy Mar 2020

End Notes, Sustainable Development Law & Policy

Sustainable Development Law & Policy

No abstract provided.


State Preemption And Single Use Plastics: Is National Intervention Necessary?, Ethan D. King Mar 2020

State Preemption And Single Use Plastics: Is National Intervention Necessary?, Ethan D. King

Sustainable Development Law & Policy

No abstract provided.


The Right To Legally Sourced Lumber? How The Effective Enforcement Of The Lacey Act Is A U.S. Human Rights Obligation And Critical To Preventing Abuse In The Illegal Logging Industry, Melanie Hess Mar 2020

The Right To Legally Sourced Lumber? How The Effective Enforcement Of The Lacey Act Is A U.S. Human Rights Obligation And Critical To Preventing Abuse In The Illegal Logging Industry, Melanie Hess

Sustainable Development Law & Policy

No abstract provided.


An Ace Up Their Sleeve Or A House Of Cards: Can The Epa's Affordable Clean Energy Rule Withstand Chevron Deference?, Shannon Zaret Mar 2020

An Ace Up Their Sleeve Or A House Of Cards: Can The Epa's Affordable Clean Energy Rule Withstand Chevron Deference?, Shannon Zaret

Sustainable Development Law & Policy

No abstract provided.


Lake Erie Bill Of Rights Gets The Ax: Is Legal Personhood For Nature Dead In The Water?, Devon Alexandra Berman Mar 2020

Lake Erie Bill Of Rights Gets The Ax: Is Legal Personhood For Nature Dead In The Water?, Devon Alexandra Berman

Sustainable Development Law & Policy

No abstract provided.


The Use Of The Regular Militaries For Natural Disaster Assistance: Climate Change And The Increasing Need For Changes To The Laws In The United States, China, Japan, The Philippines, And Other Countries, Donald D.A. Schaefer Mar 2020

The Use Of The Regular Militaries For Natural Disaster Assistance: Climate Change And The Increasing Need For Changes To The Laws In The United States, China, Japan, The Philippines, And Other Countries, Donald D.A. Schaefer

Sustainable Development Law & Policy

No abstract provided.


Editor's Note, Brianna Delduca, Hannah Gardenswartz Mar 2020

Editor's Note, Brianna Delduca, Hannah Gardenswartz

Sustainable Development Law & Policy

No abstract provided.


End Notes, Sustainable Development Law & Policy Mar 2020

End Notes, Sustainable Development Law & Policy

Sustainable Development Law & Policy

No abstract provided.


How Syria's Failure To Uphold The Kyoto Protocol And Paris Agreement Exacerbated The Effects Of Climate Change In The Levant, Nivea A. Ohri Mar 2020

How Syria's Failure To Uphold The Kyoto Protocol And Paris Agreement Exacerbated The Effects Of Climate Change In The Levant, Nivea A. Ohri

Sustainable Development Law & Policy

No abstract provided.


Continuing A Broad Application Of Section 9 Of The Esa To Prevent Future Mass Extinctions, Alicia Martinez Mar 2020

Continuing A Broad Application Of Section 9 Of The Esa To Prevent Future Mass Extinctions, Alicia Martinez

Sustainable Development Law & Policy

No abstract provided.


Does Importing Endangered Species' Body Parts Help Conservation? Discretion To Import Trophies Under The Trump Administration, Brianna Marie Mar 2020

Does Importing Endangered Species' Body Parts Help Conservation? Discretion To Import Trophies Under The Trump Administration, Brianna Marie

Sustainable Development Law & Policy

No abstract provided.


Ferc Ruling Undermines Energy Federalism And Arbitrarily Targets Mid-Atlantic Region Renewables, Philip Killeen Mar 2020

Ferc Ruling Undermines Energy Federalism And Arbitrarily Targets Mid-Atlantic Region Renewables, Philip Killeen

Sustainable Development Law & Policy

No abstract provided.


Jam V. Ifc: One Step Forward, Two Steps Back?, Nicholas Johnson Mar 2020

Jam V. Ifc: One Step Forward, Two Steps Back?, Nicholas Johnson

Sustainable Development Law & Policy

No abstract provided.


Can The Expansion Of 45q Effectively Spur Investment In Carbon Capture?, Shannon Zaret Mar 2020

Can The Expansion Of 45q Effectively Spur Investment In Carbon Capture?, Shannon Zaret

Sustainable Development Law & Policy

No abstract provided.


No Take Backs: Presidential Authority And Public Land Withdrawls, Christian Termyn Mar 2020

No Take Backs: Presidential Authority And Public Land Withdrawls, Christian Termyn

Sustainable Development Law & Policy

No abstract provided.


Editor's Note, Nicole Waxman, Elizabeth Platt Mar 2020

Editor's Note, Nicole Waxman, Elizabeth Platt

Sustainable Development Law & Policy

No abstract provided.


End Notes, Sustainable Development Law & Policy Mar 2020

End Notes, Sustainable Development Law & Policy

Sustainable Development Law & Policy

No abstract provided.


Ban On Plastic Microbeads: Too Narrow, Or Just Narrow Enough?, Liz Michalowska Mar 2020

Ban On Plastic Microbeads: Too Narrow, Or Just Narrow Enough?, Liz Michalowska

Sustainable Development Law & Policy

No abstract provided.


Real Property Sublessors Escape Cercla Owner Liability In The Second Circuit, Alison Shlom Mar 2020

Real Property Sublessors Escape Cercla Owner Liability In The Second Circuit, Alison Shlom

Sustainable Development Law & Policy

No abstract provided.


Using Artificial Intelligence To Improve Data Accuracy Of Air Pollutants Under The Clean Air Act, Lauren Palley Mar 2020

Using Artificial Intelligence To Improve Data Accuracy Of Air Pollutants Under The Clean Air Act, Lauren Palley

Sustainable Development Law & Policy

No abstract provided.


Can Courts Stop Citizens From Prosecuting Criminal Cases Under The Clean Water Act?, Hannah Gardenswartz Mar 2020

Can Courts Stop Citizens From Prosecuting Criminal Cases Under The Clean Water Act?, Hannah Gardenswartz

Sustainable Development Law & Policy

No abstract provided.


A Pattern Of Ruling Against Mother Nature: Wildlife Species Cases Decided By Justice Kavanaugh, William J. Snape Iii Mar 2020

A Pattern Of Ruling Against Mother Nature: Wildlife Species Cases Decided By Justice Kavanaugh, William J. Snape Iii

Sustainable Development Law & Policy

No abstract provided.