Browsing Harvard Law School by Title
Now showing items 1362-1381 of 2411
-
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 ... -
Member State Liability in Europe and the United States
(Oxford University Press (OUP), 2006)The European Community (EC) and the United States have contrasting approaches to the place of member state liability to private parties as a remedy for the violation of the law of the union. The EC recognizes a general ... -
Memorandum to Internet Pharmacies: the Regulation and Enforcement of the Internet Pharmacy Industry
(2000)This memorandum discusses the regulation of, and enforcement regarding, the internet pharmacy industry. It concludes that the problem does not require additional regulation; existing laws are sufficient to protect against ... -
Mergers, Acquisitions and Restructuring: Types, Regulation, and Patterns of Practice
(Harvard John M. Olin Center for Law, Economics, and Business, 2014)An important component of corporate governance is the regulation of significant transactions – mergers, acquisitions, and restructuring. This paper (a chapter in Oxford Handbook on Corporate Law and Governance, forthcoming) ... -
The Meritocratic Egalitarianism of Thurgood Marshall
(Howard University School of Law, 2009)This Essay, forthcoming in the Howard Law Journal, describes Thurgood Marshall's meritocratic egalitarianism. Marshall was sensitive to the wide range of talents people actually had and was skeptical about claims that ... -
The Military’s Need For “Speed”: A Case Study On The FDA’s Regulation Of Off-Label Prescriptions
(2003)This paper is a case study in the legality and ethics of prescribing amphetamines (“go-pills”) to military aviators for fatigue management, a practice that has not been approved by the Food and Drug Administration (FDA). ... -
The Miner's Canary
(Association of American Colleges, 2005) -
Minimalism at War
(2004)When national security conflicts with individual liberty, reviewing courts might adopt one of three general orientations: National Security Maximalism, Liberty Maximalism, and minimalism. National Security Maximalism calls ... -
Misdemeanor Declination: A Theory of Internal Separation of Powers
(2024)Millions of times every year, American prosecutors make the all-important decision whether to decline or file formal criminal charges after police have made an arrest. This declination decision determines whether an arrest ... -
Misery and Company
(New Republic, 2008) -
Misfearing: A Reply
(Harvard University, Harvard Law School, 2006)Human beings are prone to "misfearing": Sometimes they are fearful in the absence of significant danger, and sometimes they neglect serious risks. Misfearing is a product of bounded rationality, and it produces serious ... -
MISPLACED MANDATE: AN EXAMINATION OF FDA'S SILICONE BREAST IMPLANT POLICY
(1995)Why did the Food and Drug Administration (FDA) suddenly call for a forty-five day moratorium on silicone gel breast implants in 1 992 and then ban virtually all cosmetic breast implants' only months after an FDA advisory ... -
Missed Opportunities: The Vaccine Act of 1813
(1998)This Paper simply exposes discontinuities between the theories and the history of the Vaccine Act, suggesting lines of further study. The focus throughout this Paper is on "getting the facts right," i.e., thoroughly ... -
Mixing the Old with the New: Chinese Traditional Medicine and The Regulation of Food and Drugs in the United States
(2000)The practice of traditional Chinese healing methods has secured a small but noticeable foothold in some sectors of American society. Whether this is simply yet another incarnation of the West's centuries-old romantic ... -
Modern War and Modern Law
(University of Baltimore School of Law, 2007) -
Modular Environmental Regulation
(Duke University School of Law, 2005)This Article proposes a "modular" conception of environmental regulation and natural resource management as an alternative to traditional approaches. Under traditional approaches, agencies tend to operate independently, ...