Browsing HLS Student Papers by Issue Date
Now showing items 21-40 of 498
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Medical Device Innovation In America: The Tensions Between Food and Drug Law and Patent Law
(2014-03-18)Medical devices are an extraordinarily large and important component of the delivery of healthcare services. This Paper examines the manner in which they are introduced into commerce and the ways in which legal privileges ... -
The Evolving Regulation of Internet Pharmacies
(2014-03-18)This paper follows the rise of the Internet drug sale industry and the response to the trend by regulators, policymakers, and private companies. After discussing the existing laws and their enforcement to police rogue ... -
Reducing Obesity and Fostering Economic Development Through Farm to School: Analysis and Recommended Actions
(2014-03-18)Using Mississippi as a case study, this paper describes the potential for expanding farm to school and provides recommendations for state and local actions to encourage its growth. Part I provides a brief background of ... -
Drug Shortages: The Problem Of Inadequate Profits
(2014-03-18)Drug shortages are a growing problem in the United States. The scope and severity of drug shortages has caught the public eye and prodded the FDA into action. Among the potential causes of drug shortages are Medicare Part ... -
The Rise of Obesity and Diabetes with the Adoption of A Western Diet: A Case Study of Native American Communities
(2014-03-18)Since the mid-1900s, rates of obesity and diabetes among Native American populations have been much higher than the rates of those disorders for Americans as a whole—and yet, before 1950 or so, diabetes was extremely rare ... -
Infant formula: A comparison of legislation in the United States and Taiwan
(2014-03-18)This paper examines and contrasts the legal framework in the United States and comparable legislation in Taiwan. Prompted by the Syntex incident, the U.S. Congress passed the Infant Formula Act of 1980, and delegated the ... -
Fixing a 510(K) Loophole: In Support of The Sound Devices Act of 2012
(2014)The current medical device regulatory system contains a dangerous loophole. While the voluntary recall of a harmful medical device removes it from the market, new devices that claim they are substantially equivalent to ... -
The Prisoner's Dilemma: The History, Ethical Dimensions, and Evolving Regulatory Landscape of Clinical Trials on Inmates
(2013-08-29)The history of research on prisoners in the United States is marred with a shameful past of abuse and coercion. With the development of research ethics arising from the Nuremberg Code and the Belmont Report, a critical ... -
Novartis AG v. Union of India: “Evergreening,” TRIPS, and “Enhanced Efficacy” Under Section 3(d)
(2013)A decision in Novartis AG v. Union of India, an Indian Supreme Court case, was announced April 1, 2013. The much anticipated decision has rocked the landscape of the pharmaceutical industry and public health in India because ... -
Replication and Purification in Identity-Based Social Movements
(2013)Identity-based social movements — such as the Civil Rights Movement, the Women’s Movement, and, more recently, the LGBT Rights Movement — have proved a remarkably powerful catalyst of legal and social change. However, ... -
A Legal Education for the Administrative State: Dean James M. Landis in the History of American Legal Education
(2013)Beginning in the 1920s and 1930s, C. C. Langdell’s traditional model of legal education – a closed system of abstract concepts, judicial decisions and private law – faced substantial challenge from the rise of the ... -
The Laws on Religious Liberty and the Rise of American Power
(2013)This dissertation is a constitutional history of the previously unexamined American origins of our contemporary international legal regime on religious freedom. The absence of the United States and the role it played in ... -
Free at Last? Judicial Discretion and Racial Disparities in Federal Sentencing
(2013)The Federal Sentencing Guidelines were created to reduce unwarranted sentencing disparities among similar defendants. This paper explores the impact of increased judicial discretion on racial disparities in sentencing after ... -
Bargaining in the Shadow of the “Law?” – The Case of Same-Sex Divorce
(2013)Literature on same-sex marriage has focused on such questions as: How do state laws treat same-sex couples? What rights come with marriage equality? What rights should same-sex couples have? This student paper focuses on ... -
Agents Unchained: The Determinants of Takeover Defenses in IPO Firms
(2013)Many companies continue to go public with takeover defenses even though institutional investors zealously oppose defenses in public companies. In this Article, I analyze the determinants of takeover defenses at IPO firms ... -
Derivatives Safe Harbors in Bankruptcy and Dodd-Frank: A Structural Analysis
(2013)The Bankruptcy Code exempts financial derivatives and repurchase agreements from key provisions, such as the automatic stay. The primary rationale for this special treatment has been the fear that the failure of an important ... -
History and the Boundaries of Legality: Historical Evidence at the ECCC
(2013)The Extraordinary Chambers in the Courts of Cambodia (ECCC) are marked by the amount of time that has elapsed between the fall of Democratic Kampuchea in 1979 and the creation of the tribunal. Does this passage of time ... -
Too Big to Fail Banks: Examining the 'How' of Breaking Up
(2013)The newfound understanding that systemic risk is the central problem of financial regulation, has informed both institutional and regulatory responses to the global financial crisis. At the forefront of the systemic risk ... -
Direct-to-Consumer Advertising of Alzheimer’s Disease Drugs
(2012)Use of direct-to-consumer (DTC) advertising by pharmaceutical manufacturers has skyrocketed in the past few decades as patients demand more information on drugs and the FDA has gotten more relaxed in its regulation of ... -
Caffeine, Calories, and Coordination: Jurisdictional Developments in Federal Alcohol Regulation
(2012)Even though alcoholic beverages fall under the definition of “food” in the Federal Food, Drug & Cosmetic Act, the Food and Drug Administration (FDA) does not regulate such beverages’ ingredient and nutrition labeling as ...