Browsing Harvard Law School by Title
Now showing items 1134-1153 of 2411
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Is Rulemaking Old Medicine at the FDA?
(1997)The first three parts of this paper describe the major burdens placed on agency rulemaking by each branch of the government over the past thirty years, with specific focus on the burdens that presently affect FDA rulemaking. ... -
Is Subversion Subversive?
(University of Texas at Austin, School of Law Publications, Inc, 2003)In the framework of the conference, which was an attempt to look at subversion in the past, present, and hopefully in the future, there was an omnipresent theme which Janet Halley started us off with in the opening round ... -
Is the Clean Air Act Unconstitutional?
(2015-01-20)When the Environmental Protection Agency (EPA) issues national ambient air quality regulations, it should meet two requirements. First, the EPA should specify, to the extent possible in quantitative terms, the range of ... -
"Is the Copy Better than the Original? The Regulation of Orphan Drugs: a US-EU Comparative Perspective"
(2004)The US Orphan Drug Act of 1983 pioneered the regulation of this type of medicines, and its success encouraged other countries to enact similar legislation. Among these new orphan drug laws is the one that was drafted in ... -
Is the FDA Sexist? Sex and the Drug Approval Process
(2003)This paper examines the role of sex in the drug approval process. Medical literature has explored in great depth the many ways in which men and women differ, sometimes dramatically, often in ways that are seemingly unrelated ... -
Is the Third Amendment Obsolete
(1991) -
Is There a Constitutional Right to Clone?
(2002)Recent scientific innovations, and proposed legislation, have raised questions about the nature of the constitutional right to reproductive freedom, and in particular about whether there is a constitutional “right to clone.” ... -
Is Tobacco a Drug? Administrative Agencies as Common Law Courts
(Duke University School of Law, 1998)Professor Cass Sunstein argues that the FDA has the authority to regulate tobacco products. He considers the text of the Federal Food, Drug, and Cosmetic Act, which supports the FDA assertion, and the context of its ... -
Japan's Postal Savings Showdown
(Central Banking Publications Ltd., 2005) -
Jeremy Rifkin: An Examination of the Efforts of an Anti-Biotechnology Activist
(1999)This paper attempts retrospectively to examine the impact of the efforts of Jeremy Rifkin on the rules and regulation, and ultimately the mission, of the Food and Drug Administration (FDA) pertaining to biotechnology. ... -
THE JEWISH DIETARY LAWS AND THEIR FOUNDATION
(1994)While food and drug law has made its greatest contributions to the health and welfare of society over the past two centuries, it is indisputable that the history of this body of law is much older than two hundred years.1 ... -
A Job Is Not a Hobby: The Judicial Revival of Corporate Paternalism and Its Problematic Implications
(2015)This article connects the Supreme Court’s decision in Burwell v. Hobby Lobby to the history of “corporate paternalism.” It details the history of employer efforts to restrict the freedom of employees, and legislative ... -
Jobs, Deficit Reduction, Revenues, and Fundamental Tax Reform
(Tax Analysts and Advocates, 2011)In this article, Shay argues that flat opposition to revenue increases has contributed to U.S. economic vulnerability and has had unintended effects, including contributing to increased deficits instead of smaller government. ... -
John Haley and the American Discovery of Japanese Law
(Washington University School of Law, 2009) -
John Paul II's Challenges to the Social Sciences
(Published by the Center for Economic Personalism, 2007)Time and again, by word and example, John Paul II urged social scientists to reexamine some of their most fundamental presuppositions. He asked them to be mindful of the unity that underlies their fragmented disciplines, ... -
John Perry Barlow's Call for Persuasion Over Power
(Duke University School of Law, 2019-08)John Perry Barlow’s insights were inseparable from his lyrical way of conveying them. Paragraphs like this from his seminal 1994 essay The Economy of Ideas come to mind: What was previously considered a common human resource, ... -
A Joint American Tradition: Hot Dogs, FDA & USDA
(2006)This paper discusses the relationship between three staples of American culture: the hot dog, the Food & Drug Administration (FDA) and the United States Department of Agriculture (USDA). The reader is first introduced ... -
Judges as Medical Decision Makers: Is the Cure Worse than the Disease
(1984)I shall examine and criticize three of the many judicial decisions in the area of law and medicine. These cases are Doe v. Bolton, Superintendent of Belchertown State School v. Saikewicz, and Rogers v. Commissioner of the ...