Food and Drug Law Commons^™

Charleston Policy: Substance Or Abuse, The , Kimani Paul-Emile

Faculty Scholarship

In 1989, the Medical University of South Carolina (MUSC) adopted a policy that, according to subjective criteria, singled out for drug testing, certain women who sought prenatal care and childbirth services would be tested for prohibited substances. Women who tested positive were arrested, incarcerated and prosecuted for crimes ranging from misdemeanor substance possession to felony substance distribution to a minor. In this Article, the Author argues that by intentionally targeting indigent Black women for prosecution, the MUSC Policy continued the United States legacy of their systematic oppression and resulted in the criminalizing of Black Motherhood.

Drug Legalization: The Importance Of Asking The Right Question Symposium On Drug Decriminalization, Mark A.R. Kleinman, Aaron J. Saiger

Faculty Scholarship

As a policy analysis, this article's central argument is that that the costs imposed by markets in licit psychoactives are significantly greater than those imposed by drug prohibition.

Mitigating Alcohol Health Hazards Through Health Warning Labels And Public Education, Elizabeth L. Kruger

Washington Law Review

Alcohol is the most commonly abused drug in America today; yet, there has been no serious national effort to warn or educate the American public about the non-obvious dangers of its consumption. Courts refuse to impose liability on alcoholic beverage manufacturers for injuries arising out of their failure to warn consumers of the dangers of alcoholic beverages. They reason that the risks of alcohol consumption are widely known among the consuming public. Yet, Americans are actually less aware of the dangers of alcohol consumption than of the risks of smoking. This problem may be solved in several ways. A first …

Department Of Food And Agriculture, K. Rager, D. Rankin, M. Staples

California Regulatory Law Reporter

No abstract provided.

Mitigating Alcohol Health Hazards Through Health Warning Labels And Public Education, Elizabeth L. Kruger

Washington Law Review

Alcohol is the most commonly abused drug in America today; yet, there has been no serious national effort to warn or educate the American public about the non-obvious dangers of its consumption. Courts refuse to impose liability on alcoholic beverage manufacturers for injuries arising out of their failure to warn consumers of the dangers of alcoholic beverages. They reason that the risks of alcohol consumption are widely known among the consuming public. Yet, Americans are actually less aware of the dangers of alcohol consumption than of the risks of smoking. This problem may be solved in several ways. A first …

Drug Induced Birth Defects: Difficult Decisions And Shared Responsibilities, David B. Brushwood

West Virginia Law Review

No abstract provided.

Department Of Food And Agriculture, G. Filter, M. Livingston, N. Wilson

California Regulatory Law Reporter

No abstract provided.

The High Cost Of Free Prescription Drug Samples: An Argument For Federal Regulation, Christine A. Meyers

Cardozo Law Review

No abstract provided.

Department Of Food And Agriculture, G. Filter, M. Livingston, N, Wilson

California Regulatory Law Reporter

No abstract provided.

Drug Product Liability And Health Care Delivery Systems, William M. Sage

Faculty Scholarship

This note will use the principles of law and economics to examine the interaction of market structures and product liability rules in a world of imperfect information. The goals of the analysis are to create incentives for optimal care by producers and consumers, induce the socially appropriate amount of consumption of each product (often referred to as the "activity level"), and minimize the costs of bearing the risk of injury. The note will conclude that the existence of health maintenance organizations ("HMOs") and similar prepaid providers with superior information capacity and total patient care responsibility may create a context in …

Commission V. Germany And Article 36 Protection Of Human Life And Health, Mimi Y. Lee

Northwestern Journal of International Law & Business

Free movement of goods is a fundamental principle of the European Community. Article 36 of the EEC Treaty, however, provides important exceptions to the principle of free movement of goods as embodied in Article 30. Recently, the Court of Justice of the European Community ("Court of Justice" or "Court") has begun to develop a significant body of case law on the protection of human health exception of Article 36. This development coincides with the increasing public interest in consumer protection law, particularly with regard to the production of food-stuffs. Commission of the European Communities v. Federal Republic of Germany presents …

The Intentional Creation Of Fetal Tissue For Transplants: The Womb As A Fetus Farm, 21 J. Marshall L. Rev. 853 (1988), James David Roberts

UIC Law Review

No abstract provided.

Department Of Food And Agriculture, G. Filter, M. Livingston, N. Wilson

California Regulatory Law Reporter

No abstract provided.

The Impact Of The Drug Export Amendments Act Of 1986 On Foreign Tort Victims, James C. Grant

Vanderbilt Journal of Transnational Law

In response to domestic pharmaceutical producers' demands, Congress amended the Federal Food, Drug, and Cosmetic Act (FFDCA) on November 14, 1986. The advantages of foreign drug producers over United States drug producers prompted Congress to enact the Drug Export Amendments Act of 1986 (DEAA) which was designed to help United States drug producers compete effectively in the world market. The DEAA now puts domestic producers on more of an equal basis with the rest of the market by allowing them to export unapproved drugs.

The first section of this Note will examine the new amendment and outline its requirements. Then, …

Playing The Drug-Testing Game: College Athletes, Regulatory Institutions, And The Structures Of Constitutional Argument, John A. Scanlan

Indiana Law Journal

No abstract provided.

Liquor Price Affirmation Statutes And The Dormant Commerce Clause, Ward A. Greenberg

Michigan Law Review

Part I of this Note examines the current state of the law in the liquor affirmation area. Part II argues that the twenty-first amendment may not be invoked to justify the extraterritorial impact of these statutes. The amendment does not preempt the commerce clause in the liquor area. While it gives the states free rein over liquor internally, it provides no basis for any extraterritorial projection of liquor price regulation. Part III considers the commerce clause analysis of Brown-Forman and argues that any interstate effects of these statutes will cause them to violate the commerce clause. This section argues that …

Department Of Food And Agriculture, R. Bargetto, J. Hecht, M. Livingston

California Regulatory Law Reporter

No abstract provided.

Department Of Food And Agriculture, R. Bargetto, J. Hecht, M. Livingston

California Regulatory Law Reporter

No abstract provided.

The Right Of Privacy In Choosing Medical Treatment: Should Terminally Ill Persons Have Access To Drugs Not Yet Approved By The Food And Drug Administration, 20 J. Marshall L. Rev. 693 (1987), Scott H. Power

UIC Law Review

No abstract provided.

The Necessary Complement To Mandatory Immunizations: A National Vaccination Compensation Program, Barbara J. Connolly

Cardozo Law Review

No abstract provided.

The Application Of A Due Diligence Requirement To Market Share Theory In Des Litigation, Thomas C. Willcox

University of Michigan Journal of Law Reform

This Note argues that courts should impose a due diligence requirement on plaintiffs as a prerequisite to the use of market share theory. Part I examines traditional products liability theories along with alternative theories and explains the relationship of due diligence to market share theory. Part II argues that due diligence should be a prerequisite to market share liability. Part III discusses the nature of due diligence in this context. Finally, Part IV considers various objections to a due diligence requirement and argues that they are essentially without merit.

Genetically Engineered Plant Pesticides: Recent Developments In The Epa's Regulation Of Biotechnology, Mary Jane Angelo

UF Law Faculty Publications

This paper examines the EPA's new policy regulating plant pesticides and presents the legal, scientific and policy issues surrounding the regulation of genetically engineered plants. Part I introduces the concepts covered in this paper. Part II.A. discusses products that have originated from biotechnology. Part II.B. describes the EPA's legal authority for regulating plant pesticides and other biotechnology products. Part II.C. presents the history of federal regulation of biological pesticides and biotechnology products. Part III examines the controversy surrounding the use of genetically engineered plants, including the potential risks and benefits of genetically engineered plants and the public's perception of these …

A Historical Essay On The Conservation Provisions Of The 1985 Farm Bill: Sodbustin, Swampbusting, And The Conservation Reserve, Linda A. Malone

Faculty Publications

No abstract provided.

Ensuring The Credibility Of United States Food Aid: Proposals For Insulating The Food Security Wheat Reserve From Economic Influences, Ann Marie Neugebauer

Washington Law Review

This Comment proposes and evaluates two amendments to the legislation governing the emergency reserve that would help insulate the reserve from the market. Insulation can be accomplished by creating and protecting certain contract rights of the farmer/vendor against the United States government. The farmer could enforce those rights if the government released the reserve for purposes other than urgent humanitarian food aid. The Appendix contains proposed legislation which creates and protects such remedies. These proposals should contribute positively to public policy debate over methods of ensuring world food security. However, this Comment considers only the legal viability, not the political …

Generic Competition And Pharmaceutical Innovation: The Drug Price Competition And Patent Term Restoration Act Of 1984, James J. Wheaton

Faculty Publications

This article critiques the Drug Price Competition and Patent Term Restoration Act of 1984. Part I traces the background of the two major sections of the Act by examining the recent trend toward generic competition in the pharmaceutical industry and the need perceived by some industry observers for additional incentives to pharmaceutical research. Part II of the article describes and discusses the sections of the Act designed to benefit the two segments of the pharmaceutical industry. Part III addresses the likely effect of the Act on generic competition, and Part IV provides a parallel analysis for the research-intensive pharmaceutical firms. …

Thoughts On A Faded Peacock: The Effect Of Erisa's Preemption Provision On State Third Party Prescription Drug Program Statutes, Richard M. Rindler, Evan Miller

Vanderbilt Law Review

This Article analyzes the preemptive effect of ERISA on state third party prescription drug program legislation. It argues that such laws do not "relate to employee benefit plans" and that even if the courts were to view them as relating to employee benefit plans, the laws meet the statutory exception to preemption for state laws that "regulate . . . insurance."

The Article contends that third party prescription drug program statutes represent a type of "borderline preemption problem, and it offers a functional approach to resolve the problem. If a state law affects employee benefit plans without infringing on their …

With Liberty And Justice For All: An Essay On Agent Orange And Choice Of Law, Aaron Twerski

Faculty Scholarship

No abstract provided.

Reducing Diet-Induced Cancer Through Federal Regulation: Opportunities And Obstacles, Richard A. Merrill

Vanderbilt Law Review

For more than a decade, federal health regulatory agencies have devoted major attention to controlling human exposure to substances believed capable of causing cancer. These efforts have evoked a broad spectrum of criticism; government has been accused of both indolence in the face of an incipient epidemic' and reckless distortion of science to support restrictions on substances that present only trivial risks. A central object of regulatory concern has been the safety of the food supply. At least since the 1958 Food Additives Amendment to the Federal Food, Drug, and Cosmetic Act (FD&C Act),'with its famous Delaney Clause, the Food …

Truth In Judging: Supreme Court Opinions As Legislative Drafting, Ray Forrester

Vanderbilt Law Review

The first thesis this Article postulates is that the history of food and drug regulation during the past twenty centuries has been the history of the development of analytical chemistry, not the history of the development of law and regulation. Statutory law during this period has remained relatively static, while general understanding of analytical chemistry has leapt ahead with unparalleled achievement. Increased scientific enlightenment, largely achieved through analytical chemistry, has produced every important advance in food and drug regulation. Indeed, the overwhelming success of the field of analytical chemistry has created entire scientific disciplines as well as improvement in government …

Measuring Risks And Benefits Of Food Safety Decisions, Richard Zeckhauser

Vanderbilt Law Review

This Article discusses the assessment of risks and benefits as one approach to organizing information.The way information is organized should depend on the way it will be valued and used. For example, the decision making authorities within the regulatory process may choose to take different approaches to food substances consumed by young and old, or rich and poor. In that case, information should be organized into those categories. An exquisite breakdown of consumption patterns by counties would do little for an age-regarding regulatory process.The remainder of this Article is divided into four parts. Part II reviews the general nature of …