That Is Northern Lights Cannabis Indica . . . No, It's Marijuana: Navigating Through The Haze Of Cannabis And Patents, 2019 Concordia University School of Law
That Is Northern Lights Cannabis Indica . . . No, It's Marijuana: Navigating Through The Haze Of Cannabis And Patents, Dawson Hahn
Concordia Law Review
By their very nature, patents are exclusionary. A patent grants the right to exclude others from making use of an invention or process. But patents are also tools to promote innovation. However, when an invalid patent is granted, the patent becomes an exclusionary tool that also chills innovation. Invalid cannabis patents may be chilling innovation in the cannabis market, but they may not be the only thing. While the Controlled Substances Act continues to prohibit cannabis at a federal level, researchers and medical professionals will be unsure of the legality of their actions. This naturally leads to another chilling effect ...
Regulating The Blue Revolution: A Sea Of Change For The United States’ Offshore Aquaculture Industry Or A Missed Opportunity For Increased Sustainability, Elan Lowenstein
University of Miami International and Comparative Law Review
Aquaculture has the potential to be one of the most efficient methods of food production to date. In recent years, the developments in offshore finfish aquaculture have proven to be more environmentally friendly than large-scale terrestrial animal farming, requiring a fraction of resources such as freshwater which are becoming more scarce in the face of global population growth, while also relieving pressures on wild fisheries. The United States is one of the largest global consumers of seafood, importing about ninety-percent of its supply. The current regulatory framework for offshore aquaculture in the United States is effectively non-existent. Federal courts have ...
Solving The Opioid Epidemic In Ohio, 2019 Cleveland-Marshall College of Law
Solving The Opioid Epidemic In Ohio, Lacy Leduc
Journal of Law and Health
On May 31, 2017, Ohio Attorney General Mike DeWine took a step in fighting Ohio's opioid epidemic, bringing the first of many lawsuits against five top pharmaceutical companies. However, under Federal and State law, there is an exception called the Learned Intermediary Doctrine, which can absolve drug manufacturers of liability from any misconduct that might be found and transfer that liability to a treating physician. This exception is the way many drug manufacturers were able to avoid being held responsible in the past. This Note proposes that with the current pending lawsuit in the State of Ohio, an exception ...
Narrowing In On The Problem: A Component-Level Analysis Of "Hybrid" Medical Devices, 2019 Boston College Law School
Narrowing In On The Problem: A Component-Level Analysis Of "Hybrid" Medical Devices, Jillian Friedmann
Boston College Law Review
The Medical Device Amendments of 1976 (“MDA”) classify medical devices into three categories, each of which represents a different level of risk, and requires a different level of federal oversight. Class III devices, which pose the most risk, are subject to the highest level of oversight. Those devices are protected from any claims based on state laws that differ from or add to the requirements imposed by the MDA. On March 1, 2018, the United States Court of Appeals for the Third Circuit, in Shuker v. Smith & Nephew, PLC, considered the application of preemption under the MDA to a “hybrid ...
How Chevron Deference Is Inappropriate In U.S. Fishery Management And Conservation, Charles T. Jordan
Seattle Journal of Environmental Law
Well managed fisheries represent an excellent source of sustainable food making the management of which incredibly important. The management of fisheries in the United States is governed by The Magnuson-Stevens Fishery Conservation and Management Act (MSFCMA). While the Act creates strong goals and mandates to ensure the best management of fisheries as an important natural resource, there are issues of delegation within the act. The MSFCMA ultimately delegates authority to eight regional councils which are made up of unelected and un-appointed members. The membership of these councils is at risk of industry influence with little legal protections. Critical in how ...
Makeup Call: How Cosmetic Product Use Affects Women Absent Federal Regulation, 2019 College of William & Mary Law School
Makeup Call: How Cosmetic Product Use Affects Women Absent Federal Regulation, Gabrielle Eriquez
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Food Waste Legislation Scholarship: A Mapping Study, 2019 University at Albany, State University of New York
Food Waste Legislation Scholarship: A Mapping Study, Angela Hackstadt
University Libraries Faculty Scholarship
The purpose of this study is to examine research activity on food waste legislation published in law journals to identify top sources and experts cited by recent scholarship. Searches for "food loss" and "food waste" were conducted in three legal research databases for law journal articles published between January 2013 and January 2018. The core list of selected articles consists of 13 law journal articles. The citations from each of the core articles were collected to form a database, which was analyzed to determine what kinds of resources legal scholars rely on when conducting research in food waste legislation. Government ...
Safe Injection Sites And The Federal "Crack House" Statute, 2019 Thomas Jefferson School of Law
Safe Injection Sites And The Federal "Crack House" Statute, Alex Kreit
Boston College Law Review
Safe injection sites have become the next battlefield in the conflict between state and federal drug laws. A safe injection site is a place where injection drug users can self-administer drugs in a controlled environment under medical supervision. They have been operating in other countries, including Canada, for decades, and a wealth of evidence suggests that they can help to reduce overdose deaths. To date, however, no United States city or state has sanctioned a safe injection site. Until recently, safe injection sites were politically untenable, seen as a form of surrender in the war on drugs. This dynamic, however ...
Table Of Contents, 2019 Seattle University School of Law
Table Of Contents, Seattle University Law Review
Seattle University Law Review
No abstract provided.
Comparative Analysis Of State Regulation Of Direct-To-Market Sales Of Finfish, 2019 Rhode Island Sea Grant Law Fellow and J.D. Candidate, 2020, Roger Williams University School of Law
Comparative Analysis Of State Regulation Of Direct-To-Market Sales Of Finfish, Marine Affairs Institute, Roger Williams University School Of Law, James Philopena Jr.
Sea Grant Law Fellow Publications
No abstract provided.
A “Natural” Stand Off Between The Food And Drug Administration And The Courts: The Rise In Food-Labeling Litigation & The Need For Regulatory Reform, Amy-Lee Goodman
Boston College Law Review
Faced with the health and financial toll from escalating rates of chronic disease, consumers are demanding healthier food products and increased transparency regarding the ingredients in their food. Food labels provide the primary means for businesses to communicate with customers about their food products. In response to consumer demand, food companies are stocking grocery store shelves with products claiming to be wholesome, “natural” and healthy. Yet, many of these products are not as healthy or natural as purported. Although both consumers and food manufacturers place importance on the term “natural,” the Food and Drug Administration has refused to define the ...
Advancing The Aquaculture Industry Through The Federal Crop Insurance Program, 2019 University of Maine School of Law
Advancing The Aquaculture Industry Through The Federal Crop Insurance Program, Matthew H. Bowen
Ocean and Coastal Law Journal
In recent times, the aquaculture industry has experienced dramatic growth. The growth of the industry is a direct result of an increase in demand for seafood, and a decrease in supply from wild fisheries. The industry, however, is also experiencing growing pains. Aquaculture species, compared to their wild counterparts, are at a higher risk of catastrophic loss from a variety of different perils. These perils make investment in the aquaculture industry significantly risky. The federal crop insurance program could be a tool that mitigates these risks, but the program was designed around terrestrial agriculture, and while aquaculture may be covered ...
Pacta Sunt Servanda State Legalization Of Marijuana And Subnational Violations Of International Treaties: A Historical Perspective, 2019 attorney in the marijuana field; J.D., M.A.
Pacta Sunt Servanda State Legalization Of Marijuana And Subnational Violations Of International Treaties: A Historical Perspective, Brian M. Blumenfeld
Pepperdine Law Review
In November 2012, voters in the states of Colorado and Washington passed ballot initiatives to legalize recreational marijuana industries. Since then, eight additional states and the District of Columbia have followed suit, and many more have seen legalization debates in their legislative halls and among their electorates. Over twenty bills recently introduced in Congress have sought to break federal marijuana laws away from prohibition. Although the national debate is indeed a vibrant one, it has neglected to address how legalization may be jeopardizing the compliance status of the United States under international drug treaties, and what the consequences may be ...
From A Culture Of Food Waste To A Culture Of Food Security: A Comparison Of Food Waste Law And Policy In France And In The United States, 2019 College of William & Mary Law School
From A Culture Of Food Waste To A Culture Of Food Security: A Comparison Of Food Waste Law And Policy In France And In The United States, Lindsay Bunting Eubanks
William & Mary Environmental Law and Policy Review
Fighting food waste fights hunger. It also cleans the planet. Currently, one third of all the food produced in the world—1.3 billion tons of edible food—goes to waste every year. Each ton of food wasted produces 3.8 tons of the world’s greenhouse gas emissions. In America, wasted food produces over 20% of methane gas emissions annually. Recovering all this wasted food could feed the food insecure, could clean the environment, and could even create new market opportunities within the food industry. If food industry businesses find ways to resell or recover the cost of what ...
100% All Natural Ambiguity: A Comparative Approach To Food Labeling Requirements For The Term “Natural” By The Food And Drug Administration And The European Union, 2019 Washington University School of Law
100% All Natural Ambiguity: A Comparative Approach To Food Labeling Requirements For The Term “Natural” By The Food And Drug Administration And The European Union, Andréa Maehara
Washington University Global Studies Law Review
Despite being the only regulatory agency empowered to establish definitions for food product labeling, the Food and Drug Administration (FDA) has not formally defined the term “natural.” The FDA’s reluctance to fully define the term increases consumer distrustful of the FDA as a regulatory body and has also led to a dramatic increase in class action lawsuits against major food corporations. This Note will argue that the FDA should issue a formal definition in order to standardize usage of “natural” on food labeling by incorporating the European Union (EU)’s approach. First, this Note will examine the origins of ...
The Surprising Reach Of Fda Regulation Of Cannabis Even After Rescheduling, 2019 University of Washington School of Law
The Surprising Reach Of Fda Regulation Of Cannabis Even After Rescheduling, Sean M. O'Connor, Erika Lietzan
As more states legalize cannabis, the push to “deschedule” it from the Controlled Substances Act is gaining momentum. At the same time, the Food and Drug Administration (FDA) recently approved the first conventional drug containing a cannabinoid derived from cannabis—cannabidiol (CBD) for two rare seizure disorders. This would all seem to bode well for proponents of full federal legalization of medical cannabis. But some traditional providers are wary of drug companies pulling medical cannabis into the regular small molecule drug development system. The FDA’s focus on precise analytical characterization and on individual active and inactive ingredients may be ...
Rethinking Consumer Protection: Escaping Death By Regulation, 2019 Embry-Riddle Aeronautical University
Rethinking Consumer Protection: Escaping Death By Regulation, Thomas L. Tacker
This book is designed to appeal to anyone who is at all interested in topics related to making life better and safer—for all us consumers. Our current approach to consumer protection is extremely flawed; sometimes costing lives rather than saving them. There are better ways to protect ourselves and the people we love.
A Higher Authority: Canada’S Cannabis Legalization In The Context Of International Law, 2019 University of Mississippi School of Law
A Higher Authority: Canada’S Cannabis Legalization In The Context Of International Law, Antonia Eliason, Robert Howse
Michigan Journal of International Law
Part I of this Article provides an overview of some of the key terms and provisions of Canada’s Cannabis Act. Part II looks at the Cannabis Act in the context of the International Drug Conventions, examining how the various convention provisions might apply, looking first at the Single Convention and then at the 1988 Convention and how that convention fits with Canadian constitutional provisions. Part III focuses on the international human rights framework and how the Cannabis Act might be viewed as compatible with international human rights law even where incompatible with the International Drug Conventions. This Part also ...
Greater Uniformity And Centralization: The Regulatory Development Of Chinese Food And Product Safety Under The Wto, 2019 University of Washington School of Law
Greater Uniformity And Centralization: The Regulatory Development Of Chinese Food And Product Safety Under The Wto, Nga Kit (Christy) Tang
Washington International Law Journal
The WTO Agreements emphasize free trade, which links with diversity, deregulation, and decentralization. China, on the other hand, emphasizes uniformity and centralization, especially regarding the political control and the one-party system of “democratic dictatorship.” China’s joining the WTO, therefore, may be considered as a development that changes the regulatory structure to become more diverse, deregulated, and decentralized. This paper, however, finds the opposite. Under the WTO law, China is encouraged to move towards greater uniformity and centralization with its decentralized and non-uniform settings under the market policy. Moreover, the WTO’s uniform and centralized encouragements can be integrated into ...
The Carbon Tax Vacuum And The Debate About Climate Change Impacts: Emission Taxation Of Commodity Crop Production In Food System Regulation, Gabriela Steier
Pace Environmental Law Review
The scientific consensus on climate change is far ahead of U.S. policy on point. In fact, the U.S. has a legal vacuum of carbon taxation while climate change continues to impact the codependence of agriculture and the environment. As this Article shows, carbon taxes follow the polluter-pays model, levying taxes on the highest greenhouse gas (“GHG”) emissions—and contributions to climate change. But this is not only unsustainable; it would also undermine agricultural production and, thus, food security. This Article describes how the law can regulate climate change contributions and promote adaptation and mitigation supported through carbon taxes ...