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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
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
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
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
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
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
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
(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
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
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
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
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
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
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
Sustainable Development Law & Policy
No abstract provided.
Editor's Note, Brianna Delduca, Hannah Gardenswartz
Editor's Note, Brianna Delduca, Hannah Gardenswartz
Sustainable Development Law & Policy
No abstract provided.
End Notes, Sustainable Development Law & Policy
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
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
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
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
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
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
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
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
Editor's Note, Nicole Waxman, Elizabeth Platt
Sustainable Development Law & Policy
No abstract provided.
End Notes, Sustainable Development Law & Policy
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
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
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
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
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
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.