Browsing HLS Student Papers by Keyword "First Amendment"
Now showing items 1-4 of 4
-
COMMERCIAL DRUG CLAIMS, THE FDA, AND THE FIRST AMENDMENT
(2001)In two strands of what can only be described as extremely protracted litigation, the courts have begun to articulate a framework by which to evaluate these competing claims. Although the doctrine is hardly settled, in two ... -
Education or Promotion?: Industry-Sponsored Continuing Medical Education (CME) as a Center for the Core/Commercial Speech Debate
(2003)Because of its importance to determining drug usage, information has always been an important part of the regulation of prescription drugs. The Food and Drug Administration (FDA) and the pharmaceutical industry are in a ... -
Promotion of Unapproved Uses of Approved Drugs and Devices: An Analysis under the First Amendment
(2000)This paper seeks (1) to provide the background necessary to understand current commercial speech jurisprudence; (2) to explore the First Amendment analysis in recent cases against FDA; (3) to examine the landscape of food ... -
WESTERN STATES MEDICAL AND OTHER PROBLEMS WITH THE DOCTRINE CONCERNING FDA REGULATION OF COMMERCIAL SPEECH
(2003)This paper will attempt to explain the current state of how commercial speech doctrine affects FDA regulation by looking closely to a recently decided case: Thompson v. Western States Medical. This case will then be used ...