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Articles 1 - 30 of 33
Full-Text Articles in Food and Drug Law
Closing The Gaps: Reforming Maryland Controls On Veterinary Antimicrobial Distribution, Samantha Capaldo, Kerry Mcclaughry
Closing The Gaps: Reforming Maryland Controls On Veterinary Antimicrobial Distribution, Samantha Capaldo, Kerry Mcclaughry
Journal of Food Law & Policy
Antimicrobials have been used in livestock and other food animals in the United States (“U.S.”) since the late 1940s. An antimicrobial is “[a]ny natural, synthetic, or semisynthetic substance that can eradicate or prevent the growth of microbes,” including “[a]ntibacterial, antifungal, antiparasitic, and antiviral medications.” Antimicrobial use in food animals is subject to a complex statutory and regulatory framework at both the state and federal levels. Antimicrobial use in food animals has been widely criticized for contributing to antimicrobial-resistant bacterial infections in humans. In response to this criticism, the U.S. Food and Drug Administration (“FDA”) and several states, including Maryland, have …
Overcrowding The System: Rethinking Juvenile Justice In Washington State, Mckenna White
Overcrowding The System: Rethinking Juvenile Justice In Washington State, Mckenna White
Seattle University Law Review
The recent crisis at Green Hill School highlights the detrimental consequences of severe overcrowding in Washington State’s Juvenile Rehabilitation system—a problem exacerbated by the implementation of the JR to 25 legislation. This Note argues that the juvenile rehabilitation system, which is currently struggling to manage a wide age range of offenders, necessitates a fundamental rethinking of juvenile justice practices. By examining neurological research indicating continued brain development into the mid-twenties, along with the high prevalence of trauma among justice-involved youth, this Note proposes the creation of a dedicated third system of care within the Department of Children, Youth, and Families …
The Interchangeable-Part Structure Of Food And Drug Law, Adam I. Muchmore
The Interchangeable-Part Structure Of Food And Drug Law, Adam I. Muchmore
FIU Law Review
This Article demonstrates that nested tiers of interchangeable parts serve as the foundation for the regulatory programs administered by the U.S. Food and Drug Administration. Core interchangeable parts used in FDA-administered programs include product categories, prohibitions on adulteration and misbranding, agency-registration requirements, current good manufacturing practices, product standards, marketing authorization requirements, postmarket requirements, and user fees. In each of these areas, Congress or the FDA has engaged in interchangeable-part lawmaking (IPL). IPL occurs when a government takes a portion of its law in one subject area and uses it as a model for its own law in another subject area. …
Cosmetic Crisis: The Obsolete Regulatory Framework Of The Ever-Evolving Cosmetic Industry, Isabelle M. Carbajales
Cosmetic Crisis: The Obsolete Regulatory Framework Of The Ever-Evolving Cosmetic Industry, Isabelle M. Carbajales
University of Miami Law Review
Cosmetics only first became regulated after a series of tragic events where users were seriously harmed from the use of cosmetic products. These tragic events prompted legislators to enact the Food, Drug, and Cosmetics Act of 1938. Before then, law makers feared that regulating the cosmetic industry would lower the tone of legislation because they considered the cosmetic industry to be inconsequential. At present, the regulatory system in place to protect vulnerable cosmetic consumers is nearly identical to when it was enacted over eighty-six years ago—even though the cosmetic market looks nothing like it did back then. The consumer base …
Ohio House Bills 168 And 110: Just Another Drop In The Bucket For Brownfield Redevelopment?, Mia Petrucci
Ohio House Bills 168 And 110: Just Another Drop In The Bucket For Brownfield Redevelopment?, Mia Petrucci
Sustainable Development Law & Policy
This article examines Ohio House Bills 168 and 110. These House Bills provide liability protection to purchasers of brownfield sites, allocate $500 million dollars to brownfield funding—with $350 million allotted for investigation, cleanup, and revitalization of brownfield sites and $150 million for demolition of vacant/abandoned buildings—and create a new Building Demolition and Site Revitalization Program, for the revitalization of properties surrounding brownfield sites. In the first three Sections of this article, the concept of brownfield redevelopment is introduced, the associated challenges with brownfield projects are discussed, and attempts by federal and state governments to address brownfield remediation challenges in the …
Marketing Authorization At The Fda: Paradigms And Alternatives, Adam I. Muchmore
Marketing Authorization At The Fda: Paradigms And Alternatives, Adam I. Muchmore
Faculty Scholarship
In many critical industries, the Food and Drug Administration’s (FDA’s) marketing authorization decisions determine the range of products available in the United States. Because of the broad scope of the FDA’s marketing authorization responsibilities, the existing scholarship focuses on individual product categories, or small groups of product categories, regulated by the agency. This Article identifies how the existing literature has overlooked important connections between the FDA’s different marketing authorization programs. These connections suggest both explanations for existing programs and strategies for potential reforms.
The Article sets forth a two-level framework for analyzing the FDA’s marketing authorization role. At the first …
Herding History: Law And The Transformation Of Collective Subjectivities In The Dairyspheres Of Ukraine, Monica Eppinger
Herding History: Law And The Transformation Of Collective Subjectivities In The Dairyspheres Of Ukraine, Monica Eppinger
Journal of Food Law & Policy
In response to the limitations of socialism and capitalism in meeting basic needs, this article explores the alternative version of modernity offered in post-Soviet Ukraine and its agriculture. Tracing a century of fundamental transformations through the story of milk, it finds a history that troubles universalized framings of indigeneity and colonialism. This article argues that under socialism milk became a product of collectivized effort and a reservoir of household resilience; and then, with post-Soviet disintegration of some forms of collective life and emergence of others, that milk has come to delineate spheres of both collective action and individual striving. This …
Reflections On The Effects Of Federalism On Opioid Policy, Matthew B. Lawrence
Reflections On The Effects Of Federalism On Opioid Policy, Matthew B. Lawrence
Dickinson Law Review (2017-Present)
No abstract provided.
Puff Puff Pass The Legislation: A Comparison Of E-Cigarette Regulations Across Borders, Rachel E. Zarrabi
Puff Puff Pass The Legislation: A Comparison Of E-Cigarette Regulations Across Borders, Rachel E. Zarrabi
Journal of the National Association of Administrative Law Judiciary
This comment explores the types of legislation, approaches to regulating e-cigarettes, and analyzes whether the FDA’s campaign and current regulations are effective. So far, it appears that the United States is ahead of the game with its new, aggressive proposal for regulating e-cigarettes. The FDA is standing against the companies and products that target youthful consumers. Most countries acknowledge the gaps in current scientific research regarding the long-term health risks of vaping, and some are waiting to take a legislative stance until it is clearer which side of the health line e-cigarettes fall. Section II of this comment discusses the …
Don't Feel Like Going To The Store, I'Ll Drink To That, How To Govern The Direct Shipment Of Alcohol In South Carolina, Frederick N. Hanna
Don't Feel Like Going To The Store, I'Ll Drink To That, How To Govern The Direct Shipment Of Alcohol In South Carolina, Frederick N. Hanna
South Carolina Law Review
No abstract provided.
Food Waste Legislation Scholarship: A Mapping Study, Angela Hackstadt
Food Waste Legislation Scholarship: A Mapping Study, Angela Hackstadt
University Libraries Faculty Scholarship
The purpose of this study is to examine research activity on food waste legislation published in law journals to identify top sources and experts cited by recent scholarship. Searches for "food loss" and "food waste" were conducted in three legal research databases for law journal articles published between January 2013 and January 2018. The core list of selected articles consists of 13 law journal articles. The citations from each of the core articles were collected to form a database, which was analyzed to determine what kinds of resources legal scholars rely on when conducting research in food waste legislation. Government …
Acting Differently: How Science On The Social Brain Can Inform Antidiscrimination Law, Susan Carle
Acting Differently: How Science On The Social Brain Can Inform Antidiscrimination Law, Susan Carle
Scholarly Articles in Law Reviews & Journals
Legal scholars are becoming increasingly interested in how the literature on implicit bias helps explain illegal discrimination. However, these scholars have not yet mined all of the insights that science on the social brain can offer antidiscrimination law. That science, which researchers refer to as social neuroscience, involves a broadly interdisciplinary approach anchored in experimental natural science methodologies. Social neuroscience shows that the brain tends to evaluate others by distinguishing between "us" versus "them" on the basis of often insignificant characteristics, such as how people dress, sing, joke, or otherwise behave. Subtle behavioral markers signal social identity and group membership, …
Sb 17 - Alcoholic Beverages, Lauren A. Newman, Erin N. Winn
Sb 17 - Alcoholic Beverages, Lauren A. Newman, Erin N. Winn
Georgia State University Law Review
Georgia law previously allowed counties and municipalities to permit the sale of alcoholic beverages on Sundays from 12:30 P.M. until 11:30 P.M. This Act, deemed “the Brunch Bill,” authorizes the counties and municipalities that have affirmatively voted by referendum to sell alcoholic beverages on Sundays to sell them earlier, at 11:00 A.M., if approved by a second referendum vote. This change applies to restaurants that make at least 50% of their revenue from the sale of food and hotels, and Georgia wineries.
Peacebuilding Through Food Recovery, Angela Hackstadt
Peacebuilding Through Food Recovery, Angela Hackstadt
University Libraries Faculty Scholarship
The United States wastes approximately 133 billion pounds of food annually while 15 million American households are food insecure. Current and proposed U.S. legislation attempts to encourage food recovery efforts to address both of these problems by incentivizing donation of surplus foods by businesses to charitable organizations, yet legislation has failed to deliver. Food insecure individuals who use food banks or other safety net programs are often required to provide personal information and are subject to scrutiny in the process of acquiring food. Information can be leveraged in different ways to stigmatize or marginalize those in need. This presentation discusses …
Defining The Opioid Epidemic: Congress, Pressure Groups, And Problem Definition, Taleed El-Sabawi
Defining The Opioid Epidemic: Congress, Pressure Groups, And Problem Definition, Taleed El-Sabawi
Faculty Publications
The passage of the Comprehensive Addiction and Recovery Act of 2016 evidences a shift in federal legislative support from criminal justice oriented legislative alternatives to more health oriented legislative alternatives to addressing the ongoing Opioid Epidemic. Such a shift was preceded by a redefinition of problem drug use in the policy discourse from an issue of deviancy to a health issue. However, the redefinition of problem drug use as a health issue, has been dominated by policy narratives and causal stories that do not define problem drug use in a manner that aligns with a multi-modal public health oriented legislative …
2016 China Food Law Update, Michael T. Roberts, Ching-Fu Lin
2016 China Food Law Update, Michael T. Roberts, Ching-Fu Lin
Journal of Food Law & Policy
This update of China food law builds on a unique feature for the Journal of Food Law & Policy that has been provided since the Journal's inception - separate food law updates for both the United States and European Union. "Recognizing the globalness of the modem food system, these updates have served an invaluable role in keeping scholars and practitioners abreast of the world's leading food regulatory systems." China's emergence as a developed, modem food regulatory system with the potential of being a leading food regulatory system makes sense given its position as a world economic powerhouse. China's role in …
Putting A Gag On Farm Whistleblowers: The Right To Lie And The Right To Remain Silent Confront State Agricultural Protectionism, Rita-Marie Cain Reid, Amber L. Kingery
Putting A Gag On Farm Whistleblowers: The Right To Lie And The Right To Remain Silent Confront State Agricultural Protectionism, Rita-Marie Cain Reid, Amber L. Kingery
Journal of Food Law & Policy
Whistleblowers play an important role in filling gaps in government food safety systems. Unfortunately, several dominant food-producing states have pursued legislative initiatives that punish farm whistleblowers and silence investigative tactics. First, this research describes various state legislative initiatives that curb criticism of agriculture. The work analyzes the federal food safety system and how these protections limiting agricultural criticism contravene that food safety net. Further, the research analyzes the free speech concerns in the newest protectionist laws. The analysis recommends strategies and future research to improve agriculture safety and protect free speech in an evolving food safety landscape.
Let My Brewers Go! A Look At Home Brewing In The U.S., Hannah Jeppsen
Let My Brewers Go! A Look At Home Brewing In The U.S., Hannah Jeppsen
Journal of Food Law & Policy
In mid-August of 2012, a group of Americans stormed the White House, demanding transparency on a subject many Americans may find surprising: beer. More specifically, Americans requested White House home brew recipes, a presidential secret until Barack Obama's administration released them on September 1, 2012. Not only does Obama enjoy a good home brew, he is also the first president to brew in the White House and even take beer on the campaign trail. However, it was the August petition that garnered home brewing national media attention.
Vape Away: Why A Minimalist Regulatory Structure Is The Best Option For Fda E-Cigarette Regulation, Nick Dantino
Vape Away: Why A Minimalist Regulatory Structure Is The Best Option For Fda E-Cigarette Regulation, Nick Dantino
University of Richmond Law Review
No abstract provided.
Yea Or Neigh? The Economics, Ethics, And Utility Of The Horsemeat Filet, L. Leon Geyer, Dan Lawler
Yea Or Neigh? The Economics, Ethics, And Utility Of The Horsemeat Filet, L. Leon Geyer, Dan Lawler
Journal of Food Law & Policy
While staying surprisingly low profile amongst the general populace, the issue of horse slaughter has become hotly contested in the last decade, evolving into a multifaceted controversy that intertwines questions regarding ethics, international commerce, and contemporary law and politics. Horses were slaughtered in the U.S. in United States Department of Agriculture (USDA) regulated plants until 2007, when an appropriations bill suspended funding for federal inspections of horsemeat. The U.S. was home to three domestic slaughterhouses - two in Texas and one in Illinois - that slaughtered an average of about 115,003 horses per year from 1990 to 2007. Currently, American …
Cornography: Perverse Incentives And The United States Corn Subsidy, Anthony Kammer
Cornography: Perverse Incentives And The United States Corn Subsidy, Anthony Kammer
Journal of Food Law & Policy
Among the most important functions we have afforded to the U.S. Congress is the power to reshape social and economic incentive structures through legislation. Proceeding from the enumerated powers under the Constitution and using a complex toolbox of legislative and regulatory innovations, the federal legislature has enormous power to transform the types of behavior that people will perceive as self-interested throughout our economy and thus how those same people are likely to act. Congress can, among other things, create new forms of criminal and civil liability, establish entitlement systems, subsidize industries, encourage behavior through the tax code, regulate interactions among …
Food-Borne Ultimatum: Proposing Federal Legislation To Create Humane Living Conditions For Animals Raised For Food In Order To Improve Human Health, The, Lynn M. Boris
Journal of Law and Health
In order to reduce the large number of human health risks associated with reckless farming practices, Congress must enact federal legislation that requires humane living conditions for farm animals and declares a moratorium on the routine use of unnecessary antibiotics. Part II of this Note will briefly review traditional farming and animal husbandry practices and examine the shift to the modern practices used by producers of animal products today. Part II will also present several farming practices utilized today that are particularly dangerous to human health. Part III of this Note will explore the immense human suffering that is occurring …
Crises, Congress, And Cognitive Biases: A Critical Examination Of Food And Drug Legislation In The United States, Sharon B. Jacobs
Crises, Congress, And Cognitive Biases: A Critical Examination Of Food And Drug Legislation In The United States, Sharon B. Jacobs
Publications
No abstract provided.
A Complete Property Right Amendment, John H. Ryskamp
A Complete Property Right Amendment, John H. Ryskamp
ExpressO
The trend of the eminent domain reform and "Kelo plus" initiatives is toward a comprehensive Constitutional property right incorporating the elements of level of review, nature of government action, and extent of compensation. This article contains a draft amendment which reflects these concerns.
Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp
Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp
ExpressO
This brief comment suggests where the anti-eminent domain movement might be heading next.
Deadly Discounts: How Reimportation Jeopardizes The Safety Of The U.S. Pharmaceutical Drug Supply Under The Federal Trade Commission Amendment, Nicole C. Bates
Deadly Discounts: How Reimportation Jeopardizes The Safety Of The U.S. Pharmaceutical Drug Supply Under The Federal Trade Commission Amendment, Nicole C. Bates
ExpressO
The amendment to a Federal Trade Commission (FTC) reauthorization bill, previously introduced as Senate Bill 334 (S.334) Pharmaceutical Market Access and Drug Safety Act of 2005 allows for the reimportation of prescription drugs into the United States from approximately 25 countries, including Canada via Internet pharmacies. There are no guarantees that the internet websites advertising as Canadian pharmacies are legitimate. The shipping of pharmaceutical drugs occurs through importation, which refers to drugs produced abroad then later shipped to the U.S., or re-importation, a term applied when drugs are produced in the U.S. and exported for sale to foreign countries and …
Blame Canada (And The Rest Of The World): The Twenty-Year War On Imported Prescription Drugs, Daniel L. Pollock
Blame Canada (And The Rest Of The World): The Twenty-Year War On Imported Prescription Drugs, Daniel L. Pollock
ExpressO
Rising budget deficits and sticker shock over the new Medicare drug benefit have put the issue of prescription drug costs back into the spotlight. The growth in the cost of prescription drugs continues to represent a staggering burden for taxpayer-funded health care programs, even while costs of non-drug health care services have slowed or even decreased. Among the many proposals for cutting prescription drug costs, drug importation is unique. Although bipartisan support for drug importation has existed in Congress for over five years, the federal government continues to maintain that a system of safe and effective drug importation is impossible. …
Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor
Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor
ExpressO
No abstract provided.
Traceability And Labeling Of Genetically Modified Crops, Food, And Feed In The European Union, Margaret Rosso Grossman
Traceability And Labeling Of Genetically Modified Crops, Food, And Feed In The European Union, Margaret Rosso Grossman
Journal of Food Law & Policy
In the last several years, European Union (E.U.) policy has encouraged development of biotechnology, including genetically modified (GM) (that is, bioengineered) agricultural crops. The E.U. developed a strategy for life sciences and biotechnology, directed toward improving the competitiveness of the European biotechnology sector and the general situation for European biotechnology. E.U. documents have acknowledged the potential significance of genetically modified crops-for example, the conclusion in a recent report that "the potential of plant genomics and biotechnology to deliver major advances in our lifestyles and prosperity is enormous. [Biotechnology] can also maintain and enhance the competitiveness of E.U. farmers and food …
Securing Truth For Power: Informational Strategy And Regulatory Policy Making, Cary Coglianese
Securing Truth For Power: Informational Strategy And Regulatory Policy Making, Cary Coglianese
ExpressO
No abstract provided.