In quantity and importance, private standards are rapidly taking over the role of public norms
in the international and national regulation of product safety. This book provides a …

Debate over floors versus ceilings was, until recently, largely hypothetical, due to the rarity of
federal imposition of ceilings. During the past year, however, in settings ranging from …

In the preamble to its January 2006 prescription drug labeling rule, the Food and Drug
Administration (FDA) asserted that" FDA approval of labeling under the act.. preempts …

This Article takes as its starting point the" agency reference model" for judicial preemption
decisions, adopting the foundational premise that courts should take advantage of what …

I. Introduction Although assisted reproductive technologies (ARTs) raise a host of important
ethical, legal, and social issues, much of the recent debate has focused on their connection …

By some accounts, we have transitioned to a" knowledge-based" economy dominated by
providers and users of various information technologies. 3 Undoubtedly, some sectors of …

The common law of torts is widely considered to be in conflict with the modern regulatory
state. Tort law interacts with regulations and their enabling statutes in different ways that are …

Occasionally, one hears the complaint that jurors in civil cases intentionally ignore their
instructions and return verdicts inconsistent with the applicable law. 2 Jury nullification has a …

This Article addresses the controversy over the abortifacient drug mifepristone (RU-486).
First, it traces the history of the United States Food and Drug Administration's review and …

This paper attempts to offer a comprehensive evaluation of the various facets of the Products
Liability Restatement that relate to medical technologies, and it does so from a perspective …