European Food Law Update,
2011
University of Metz, France
European Food Law Update, Emilie H. Leibovitch
Journal of Food Law & Policy
This EU Food Law Update will focus on the developments that occurred since October 2010 in the areas of genetically modified organisms, novel foods, contaminants, food quality, and labeling.
Transplant Candidates And Substance Use: Adopting Rational Health Policy For Resource Allocation,
2011
California Western School of Law
Transplant Candidates And Substance Use: Adopting Rational Health Policy For Resource Allocation, Erin Minelli, Bryan A. Liang
University of Michigan Journal of Law Reform
Organ transplant candidates are often denied life saving organs on account of their medical marijuana drug use. Individuals who smoke medicinal marijuana are typically classified as substance abusers, and ultimately deemed ineligible for transplantation, despite their receipt of the drug under a physician's supervision and prescription. However, patients who smoke cigarettes or engage in excessive alcohol consumption are routinely considered for placement on the national organ transplant waiting list. Transplant facilities have the freedom to regulate patient selection criteria with minimal oversight. As a result, the current organ allocation system in the United States is rife with inconsistencies and results …
Breaking Patents,
2011
Pennsylvania State University
Breaking Patents, Daniel R. Cahoy
Michigan Journal of International Law
In the 1970s and 1980s, the Boeing aircraft company worked to address the rising cost of jet fuel by inventing lighter metal alloys for use in aerospace materials. Among its discoveries was a method of producing aluminum-lithium alloys with high "fracture toughness," and in 1989, Boeing received a patent for the process. Five years later, another aerospace company working as a National Aeronautics and Space Administration (NASA) contractor, Lockheed Martin, was attempting to solve a similar problem related to materials used in the space shuttle. Lighter materials were necessary for future shuttle missions to transport components of the International Space …
Dynamic Patent Governance In Europe And The United States: The Myriad Example,
2011
Marquette University Law School
Dynamic Patent Governance In Europe And The United States: The Myriad Example, Kali Murray, Esther Van Zimmeren
Cardozo Journal of International and Comparative Law
This Article examines the emerging elements of a new model for patent governance. It is divided into four parts. In Section One, we develop a model of dynamic patent governance. This model extends the theoretical framework of network governance, to explain the emergence of networks in the decisionmaking infrastructure for the public and private actors in the patent system. Dynamic patent governance widens this theoretical framework in two key ways. First, dynamic patent governance, within its formal dimensions, is based on the idea that heterogeneous administrative actors regulate the grant and enforcement of patents. This challenges a perspective that sees …
The International Control Of Illegal Drugs And The U.N. Treaty Regime: Preventing Or Causing Human Rights Violations?,
2011
Max-Planck Institute for Comparative Public Law and International Law
The International Control Of Illegal Drugs And The U.N. Treaty Regime: Preventing Or Causing Human Rights Violations?, Daniel Heilmann
Cardozo Journal of International and Comparative Law
The international drug control regime, established to preserve human health and welfare, faces criticism for prioritizing criminalization and punishment over education, harm reduction, and human rights. The regime's prohibition-oriented approach, while comprehensive, is challenged by modern human rights standards and the evolving illegal drug market. The article examines whether the regime remains effective and aligned with contemporary human rights principles, emphasizing the need to balance control measures with human rights protections.
Mary Jane's New Dance: The Medical Marijuana Legal Tango,
2011
Benjamin N. Cardozo School of Law
Mary Jane's New Dance: The Medical Marijuana Legal Tango, Michael Berkey
Cardozo Public Law, Policy & Ethics Journal
The note examines the legal and social dynamics surrounding medical marijuana, tracing its historical use, the evolution of regulatory policies, and the ongoing conflicts between federal, state, and local laws. It highlights the shift in societal perception and the growing acceptance of medical marijuana, despite persistent legal challenges.
Community Growth And Land Use,
2011
University of New Mexico
The Analyses Of State And Federal Medical Marijuana Laws And How They Apply To Employment,
2011
University of Nevada, Las Vegas
The Analyses Of State And Federal Medical Marijuana Laws And How They Apply To Employment, Lizaveta Sergeev
UNLV Theses, Dissertations, Professional Papers, and Capstones
The purpose of this study is to analyze and discuss the current discrepancies in the legal system as it applies to medical marijuana in the employment sector. The laws regarding the legalization of medical marijuana are relatively new and have many constraints when applied to employment. On the federal level, medical marijuana remains illegal. Many states have passed some form of legislation legalizing medical marijuana. Unfortunately, only two states have laws that protect users from being discriminated in employment. This leaves employers and employees uncertain about what actions to take when dealing with medical marijuana in the employment sector.
Population Health Through Inclusive Urban Planning: Healthier Communities And Sustainable Urban Development In Indian Cities,
2011
American University Washington College of Law
Population Health Through Inclusive Urban Planning: Healthier Communities And Sustainable Urban Development In Indian Cities, Shriya Malhotra
Sustainable Development Law & Policy
No abstract provided.
Mobile Phones: Reshaping The Flow Of Urban-To-Rural Remittances,
2011
American University Washington College of Law
Mobile Phones: Reshaping The Flow Of Urban-To-Rural Remittances, Bethany Brown
Sustainable Development Law & Policy
No abstract provided.
Out Of The Garden Of Eden: Moving Beyond The Rights-Based Agenda In The Urban Sector,
2011
American University Washington College of Law
Out Of The Garden Of Eden: Moving Beyond The Rights-Based Agenda In The Urban Sector, Benjamin Bradlow
Sustainable Development Law & Policy
No abstract provided.
Cultivating Urban Forests Policies In Developing Countries,
2011
American University Washington College of Law
Cultivating Urban Forests Policies In Developing Countries, Janet A. Choi
Sustainable Development Law & Policy
No abstract provided.
About Sdlp,
2011
American University Washington College of Law
Brief Of Aarp And The National Legislative Association On Prescription Drug Prices As Amici Curiae In Support Of Petitioners,
2011
American University Washington College of Law
Brief Of Aarp And The National Legislative Association On Prescription Drug Prices As Amici Curiae In Support Of Petitioners, Sean Flynn
Amicus Briefs & Court Filings
This brief was written in support of Vermont’s Prescription Confidentiality Law, which regulates the confidentiality of prescription records and protects them from being used by pharmaceutical companies as a “targeting tool” to identify doctors most susceptible to sales messages.
Public Non-Commercial Use' Compulsory Licensing For Pharmaceutical Drugs In Government Health Care Programs,
2011
University of Michigan Law School
Public Non-Commercial Use' Compulsory Licensing For Pharmaceutical Drugs In Government Health Care Programs, Pier Deroo
Michigan Journal of International Law
Suppose a relatively prosperous nation with universal public health coverage faces an HIV/AIDS crisis. It refuses to negotiate with the patent-holding manufacturers of the best antiretrovirals (ARVs) available, instead issuing compulsory licenses. Compulsory licenses permit the generic drug manufacturers designated in the compulsory licenses to make, use, import, and sell the patented ARVs without the permission of the patent owners, increasing competition and lowering prices. Realizing that drugs are much cheaper without patents, the nation decides to issue another round of compulsory licenses for an extensive list of patented drugs for its universal health care program. While improving public access …
Pharmaceutical Patent Litigation Settlements: Balancing Patent & Antitrust Policy Through Institutional Choice,
2011
University of Virginia School of Law
Pharmaceutical Patent Litigation Settlements: Balancing Patent & Antitrust Policy Through Institutional Choice, Timothy A. Cook
Michigan Telecommunications & Technology Law Review
Should a branded pharmaceutical company be allowed to pay a generic competitor to stay out of the market for a drug? Antitrust policy implies that such a deal should be prohibited, but the answer becomes less clear when the transaction is packaged as a patent-litigation settlement. Since Congress passed the Hatch-Waxman Act, which encourages generic manufacturers to challenge pharmaceutical patent validity, settlements of this kind have been on the rise. Congress, the Department of Justice, and the Federal Trade Commission have condemned these agreements as anticompetitive and costly to American consumers, but none of these bodies has been able to …
The Impact Of The Biosimilars Provision Of The Health Care Reform Bill On Innovation Investments, 10 J. Marshall Rev. Intell. Prop. L. 553 (2011),
2011
UIC School of Law
The Impact Of The Biosimilars Provision Of The Health Care Reform Bill On Innovation Investments, 10 J. Marshall Rev. Intell. Prop. L. 553 (2011), Katherine N. Addison
UIC Review of Intellectual Property Law
The Biologics Price Competition and Innovation Act of 2009 provides an abbreviated FDA approval pathway for biosimilars. The passage of this biosimilar legislation is a positive step toward retaining a robust biotechnology industry in the United States while also protecting innovators. The Act’s increased FDA exclusivity is welcome, but FDA exclusivity alone is insufficient to encourage and protect innovation and investment in biosimilars. Instead, the exclusivity provided by a patent term, together with the ability to adjust this term to compensate an applicant for U.S. Patent and Trademark Office and FDA delays, is necessary to ensure development of highly specialized …
Drug Policy In Context: Rhetoric And Practice In The United States And The United Kingdom,
2011
University of Maryland School of Law
Drug Policy In Context: Rhetoric And Practice In The United States And The United Kingdom, Richard C. Boldt
Faculty Scholarship
The history of narcotics use and drug control in the U.S. before passage of the Harrison Act in 1914 is similar in important respects to that in the U.K. during the same period. Although the two countries’ paths diverged significantly over the ensuing decades, there has been a convergence of sorts in recent years. In the United States, the trend lines have moved from an active “war on drugs” in which criminal enforcement and punishment have been the primary rhetorical and practical instruments of policy to an evolving approach, at least at the federal level, characterized by a somewhat more …
Food, Law & The Environment: Informational And Structural Changes For A Sustainable Food System,
2011
Elisabeth Haub School of Law at Pace University
Food, Law & The Environment: Informational And Structural Changes For A Sustainable Food System, Jason J. Czarnezki
Elisabeth Haub School of Law Faculty Publications
This Article considers legal, theoretical, and practical steps to a more sustainable food model. Part I discusses the underlying reasons for problems in the current food system, including those manifested in law, and the perceived benefits of creating a new agricultural paradigm. Part II discusses the major agricultural and food programs that have become more common in shaping a different food system model, specifically focusing on direct marketing (for example, farmers markets and community-supported agriculture) and the organic movement as it relates to small farmers. Part III argues that in order to change modern American food consumption, two changes must …
The Future Of Food Eco-Labeling: Organic, Carbon Footprint, And Environmental Life-Cycle Analysis,
2011
Elisabeth Haub School of Law at Pace University
The Future Of Food Eco-Labeling: Organic, Carbon Footprint, And Environmental Life-Cycle Analysis, Jason J. Czarnezki
Elisabeth Haub School of Law Faculty Publications
This Article discusses public and private efforts to inform consumers about environmentally preferable food choices. Part II describes the environmental consequences of the modern food system. Part III describes existing public and private eco-labeling regimes, including organic labeling, carbon footprint labeling, and country of origin labeling.
