Renovations Needed: the FDA's Floor/Ceiling Framework, Preemption, and the Opioid Epidemic [0.03%]
亟待修缮的FDA“天花板/地板”框架、联邦预置权与阿片类药物流行危机问题分析
Michael R Abrams
Michael R Abrams
The FDA's regulatory framework for pharmaceuticals uses a "floor/ceiling" model: administrative rules set a "floor" of minimum safety, while state tort liability sets a "ceiling" of maximum protection. This model emphasizes pre-market scrut...
Laura Beth Cohen
Laura Beth Cohen
Since the early 1990s, jurisdictions around the country have been using civil child abuse laws to penalize women for using illicit drugs during their pregnancies. Using civil child abuse laws in this way infringes on pregnant women's civil ...
W Nicholson Price II
W Nicholson Price II
Data drive modern medicine. And our tools to analyze those data are growing ever more powerful. As health data are collected in greater and greater amounts, sophisticated algorithms based on those data can drive medical innovation, improve ...
The FMLA and Psychological Support: Courts Care About "Care" (and Employers Should, Too) [0.03%]
FMLA与心理支持：“照顾”是法院关心的问题（雇主也应予以关注）
Katherine Stallings Bailey
Katherine Stallings Bailey
The Family and Medical Leave Act ("FMLA") recognizes an employee's right to take leave to care for a qualifying family member. In light of the Act's remedial nature, the intended scope of the care provision is broad, but its definitional de...
Nora Freeman Engstrom
Nora Freeman Engstrom
Over the past century, the allegation that the tort liability system incentivizes legal extortion and is chock-full of fraudulent claims has dominated public discussion and prompted lawmakers to ever-more-creatively curtail individuals' inc...
Alex C Geisinger,Michael Ashley Stein
Alex C Geisinger
Underbanked: Cooperative Banking as a Potential Solution to the Marijuana-Banking Problem [0.03%]
_underbanked：合作银行作为大麻银行业问题的潜在解决方案_
Patrick A Tighe
Patrick A Tighe
Numerous states have recently legalized recreational marijuana, which has created a burgeoning marijuana industry needing and demanding access to a variety of banking and financial services. Due, however, to the interplay between the federa...
Medicine as a Public Calling [0.03%]
医学乃公共事业
Nicholas Bagley
Nicholas Bagley
The debate over how to tame private medical spending tends to pit advocates of government-provided insurance--a single-payer scheme--against those who would prefer to harness market forces to hold down costs. When it is mentioned at all, th...
An Administrative Meter Maid: Using Inter Partes Review and Post-Grant Review to Curb Exclusivity Parking via the "Failure to Market" Provision of the Hatch-Waxman Act [0.03%]
通过《哈奇-瓦克斯曼法案》中的“未尽营销义务”条款利用中间当事人复审和授权后审查限制排他性停车行为的行政措施分析员
Brian T Apel
Brian T Apel
Congress created the unique Hatch-Waxman framework in 1984 to increase the availability of low-cost generic drugs while preserving patent incentives for new drug development. The Hatch-Waxman Act rewards generic drug companies that successf...
Proving personal use: the admissibility of evidence negating intent to distribute marijuana [0.03%]
证明个人使用：否定分发大麻意图的证据的可接纳性
Stephen Mayer
Stephen Mayer
Against the backdrop of escalating state efforts to decriminalize marijuana, U.S. Attorneys' Offices continue to bring drug-trafficking prosecutions against defendants carrying small amounts of marijuana that are permitted under state law. ...