Browsing Harvard Law School by Title
Now showing items 69-88 of 2411
-
Allocating the Burden of Proof
(1997) -
ALTERNATE ROUTES OF REFORMIST ACTIVISM: MEDICAL MARIJUANA AS A CASE STUDY OF INITIATIVES WITHIN AND BEYOND STATUTORILY PRESCRIBED CHANNELS
(1996)This essay discusses the various legal and political initiatives undertaken by reformers seeking change in the laws on medical marijuana use. Part I reviews the provisions of the Controlled Substances Act, and marijuana's ... -
America and the BSE Scare: Near Misses, Future Lessons
(1997)Today, the potential consequences of BSE, although perhaps not as great as originally feared, still demand attention at the highest level of government. In this paper, my goals are twofold: to place the development of the ... -
America's Schizophrenic Immigration Policy Race, Class, and Reason
(The Boston College Law School, 2000)The historical purpose of American immigration policy was to provide a haven for those fleeing persecution and those seeking prosperity, as well as to satisfy workforce and frontier-expansion needs. However, a survey of ... -
American Exceptionalism and Direct-to-Consumer Advertising: Structural and Philosophical Impediments to Reform in Europe
(2002)Despite a recent EC Proposal to relax its prohibition on direct-to-consumer (DTC) advertising of prescription drugs in certain, limited contexts, the prospects for broader reform in Europe on this issue are extremely grim. ... -
Anabolic Steroids: A Look at Potential Drug Testing Legislation and its Constitutional Implications.
(2006)Anabolic steroid use among American athletes has been the subject of much debate in the last half-century. Despite evidence tending to show significant health risks associated with steroid use, there remains considerable ... -
And the Breast is History: Issues Surrounding FDA Regulation of Silicone Breast Implants
(1995)The breast implant crisis has raised serious issues for women. On one hand, it is difficult to argue against giving women the right to choose, especially when the choice involves their own bodies. Restricting freedom in ... -
The ANDA Patent Certification Requirement and Thirty-Month Stay Provision: Is it Necessary?
(2001)Patent law and the Federal drug approval laws are both rather arcane and complex. The intersection of these two areas in the Hatch-Waxman Act is particularly complicated, and this perhaps explains the failure of the Act ... -
Animal Rights Without Controversy
(School of Law, Duke University, 2007)Many consumers would be willing to pay something to reduce the suffering of animals used as food. Unfortunately, they do not and cannot, because existing markets do not disclose the relevant treatment of animals, even ... -
"Anslingerian" Politics: The History of Anti-Marijuana Sentiment in Federal law and How Harry Anslinger's Anti-Marijuana Politics Continue to Prevent the FDA and other Medical Experts from Studying Marijuana's Medical Utility
(1999)This paper is intended to demonstrate how the Federal Bureau of Narcotics’s propagation of negative images associating marijuana with the anti-social behavior of marginal socio-economic groups in the ... -
Answering Impossible Questions: Content Governance in an Age of Disinformation
(Shorenstein Center for Media, Politics, and Public Policy, 2020-01-14)The governance of online platforms has unfolded across three eras – the era of Rights (which stretched from the early 1990s to about 2010), the era of Public Health (from 2010 through the present), and the era of Process ... -
The Anthrax Vaccine Immunization Program: History, Controversy and Legal Issues
(2000)This paper documents the issues that make the AVIP so controversial. It summarizes the current knowledge about the safety and efficacy of the anthrax vaccine, including the vaccine manufacturer’s history ... -
Anti-Competitive Exclusion and Market Division Through Loyalty Discounts
(John M. Olin Center for Law, Economics, and Business. Harvard Law School., 2011)We show that loyalty discounts create an externality among buyers even without economies of scale or downstream competition, and whether or not buyers make any commitment. Each buyer who signs a loyalty discount contract ... -
Anti-Competitive Market Division Through Loyalty Discounts Without Buyer Commitment
(John M. Olin Center for Law, Economics, and Business. Harvard Law School, 2012)We show that loyalty discounts without buyer commitment create an externality among buyers because each buyer who signs a loyalty discount contract softens competition and raises prices for all buyers. This externality can ... -
The Anti-Democratic Major Questions Doctrine
(University of Chicago Press, 2023-06-01)West Virginia v. Environmental Protection Agency is the Supreme Court’s most important administrative law decision in decades. The opinion’s significance is due principally to the Court’s embrace of an aggressive version ... -
Anti-sense And Common-sense: Regulation of Food From Genetically Engineered Plants
(1994)Genetic engineering technology has recently generated techniques for making specific and precise alterations to the genetic composition of crops grown as food for humans and animals. These advances should facilitate the ... -
Antibiotic Resistance: Proposals to Deal with the New Wrinkles on an Old Problem
(2000)Resistance to antibiotics is hardly a new problem; ever since the advent of penicillin and other antibiotics more than 50 years ago defiant strains of bacteria have emerged. The harrowing aspect is that now almost every ...