Browsing Harvard Law School by Title
Now showing items 693-712 of 2411
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Fairness Versus Welfare
(Harvard Law School, 2001)The thesis of this Article is that the assessment of legal policies should depend exclusively on their effects on individuals'welfare. In particular, in the evaluation of legal policies, no independent weight should be ... -
Fairness versus Welfare: Notes on the Pareto Principle, Preferences, and Distributive Justice
(University of Chicago Press, 2003)In Fairness versus Welfare, we advance the thesis that social policies should be assessed entirely on the basis of their effects on individuals’ well‐being. This thesis implies that no independent weight should be accorded ... -
Family Law in Turbulent Times
(2005)Starting in the mid-1960s, there was a demographic upheaval that radically changed family behavior and the meanings of sex and procreation, marriage, gender, parenthood, family relations and life itself. Family law became ... -
Family Law Reform in the 1980's
(1984) -
Fast, Frugal, and (Sometimes) Wrong
(2005)Do moral heuristics operate in the moral domain? If so, do they lead to moral errors? This brief essay offers an affirmative answer to both questions. In so doing, it responds to an essay by Gerd Gigerenzer on the nature ... -
The FDA & The FTC: An Alphabet Soup Regulating The Misbranding Of Food
(2002)This paper will first look at the historical development of the division of regulation of food labeling by the Food and Drug Administration (FDA) and the regulation by food advertising by the Federal Trade Commission (FTC). ... -
THE FDA AND PLAN B: The Legislative History of the Durham-Humphrey Amendments and the Consideration of Social Harms in the Rx-OTC Switch
(2006)The 1951 Durham-Humphrey Amendments limited the FDA’s power over the Rx-OTC decision by enacting an objective definition of a prescription drug that would be applied primarily by drug manufacturers. Under ... -
FDA and Social Media: The Impact of Social Media on Prescription Drug Advertising
(2011)The U.S. Food and Drug Administration (FDA) regulates the promotion of prescription drugs. With the emergence of Web 2.0 technology and social media, the FDA faces new regulatory challenges as pharmaceutical companies have ... -
FDA and the Challenge of Alternative Medicine: Realistic Assessments and Regulatory Flexibility
(1997)Alternative medicine has already established a role for itself in the health care of many Americans. FDA, however, has been slow to develop a meaningful and coherent regulatory response to this growing phenomenon. Reluctant ... -
FDA Drug Approval: A Black and White Issue?
(2006)The FDA should judiciously limit the FDA approval of race-specific drugs to situations in which the utilization of racial categories is based on statistically significant scientific data and necessity and, in such cases, ... -
FDA Enforcement and the Constitution: The Validity of FDA Seizures under the Due Process and Just Compensation Clauses
(2002)This paper explores the way in which enforcement actions by the Food and Drug Administration (FDA) interact with certain constitutional rights, and it queries whether the system does its most to protect those rights while ... -
FDA Oversight of the Tissue Bank Industry
(2002)Until recently, FDA oversight of the human tissue industry has been spotty, even nonexistent. However, industry explosion has forced the FDA to not only publish general industry standards in 1993 (finalized in 1997), but ... -
FDA Premarket Regulation of Tissue-Engineered Replacement Parts for Humans
(2003)This paper is a description of tissue-engineered products, their potential for replacing conventional approaches to missing or failing tissues and organs, and FDA’s ongoing efforts to develop a comprehensive ... -
FDA Regulation and Patient Assisted Suicides
(1995)There are an increasing number of Americans who believe that the marginal benefit of surviving a few extra months is not worth the cost of suffering the pain, physical and/or mental deterioration, or increased dependency ... -
FDA Regulation and the New Anti-aging Products
(1995)In the decades since the enactment of the Federal Food, Drug, and Cosmetic Act (the "Act")' in 1938, one of the more persistent challenges facing the Food and Drug Administration (the "FDA") has been to apply an old statute ... -
FDA Regulation of Condoms: Minimal Scientific Uncertainty Fuels the Moral Conservative Plea to Rip a Large Hole in the Public's Perception of Contraception
(2005)This paper surveys the history of condom use, the underlying science, the FDA regulation of condoms and the recent debate on condoms and their effectiveness in preventing disease. In articulating the debate, perspectives ... -
FDA Regulation of Food and Drug Biotechnology
(1995)In its broadest sense, referring to the application of a biological process to provide a good or service, biotechnology has been affecting the human food supply for centuries In products such as beer and cheese. Similarly, ...