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FSU Law Focus - 09/27/2021
Get PDFFrom the Dean: Hosting Judge Adalberto Jordan; Fall 2021 Fundathon; USC’s Armour Teaching at FSU Law; Alum Profile: J. Tanner Heintz (\u2719); Student Profile: 3L Anne Murphyhttps://ir.law.fsu.edu/fsu-law-focus/1118/thumbnail.jp
FSU Law Focus - 06/25/2021
Get PDFFrom the FSU Law Alumni Association Board; Human Trafficking Project Honored by The Florida Bar Foundation; Alum Profile: Manuel J. “John” Dominguez (’95); Student Profile: 2021 Grad Alexa Geberthttps://ir.law.fsu.edu/fsu-law-focus/1171/thumbnail.jp
FSU Law Focus - 03/05/2021
Get PDFFrom the Dean: Black Alumni Network; Moot Court Team Wins National Competition; Alum Profile: Leigh Braslow Altman (’97); Student Profile: 3L Alex Reyeshttps://ir.law.fsu.edu/fsu-law-focus/1336/thumbnail.jp
FSU Law Focus - 01/08/2021
Get PDFFrom the Dean: Juris Master Team Award; BLSA Leadership Plays a Pivotal Role; Alum Profile: Fred E. Karlinsky (’92); Student Profile: Dec. 2020 Grad Morgan Lodeshttps://ir.law.fsu.edu/fsu-law-focus/1392/thumbnail.jp
The Exaggerated Rumors of Death of Unconscionability
Get PDFReview of Upgrading Unconscionability: A Common Law Ally for a Digital World, 81 Md. L. Rev. 46 (2022), by Babette E. Bolie
Contaminated Relationships in the Opioid Crisis
Get PDFUnlike past public health crises, the opioid crisis arose from within the healthcare system itself Entities within that system, particularly opioid manufacturers, may bear some liability in sparking and perpetuating the current crisis. Unsurprisingly, the allegations underlying the thousands of claims filed in connection with the opioid crisis differ substantially. However, almost all of those claims rely, to some degree, on the strength of the relationship between opioid manufacturers and the healthcare providers who prescribed their products. This Article argues that the underlying relationship is the heart of the crisis and that this problematic relationship is by no means a thing of the past. This Article provides critically important empirical evidence on the provider-manufacturer relationship. Analyzing a novel dataset constructed solely for this Article, the Article examines the role of payments from pharmaceutical companies to healthcare providers in inducing the latter to prescribe more opioids. This analysis reveals robust and consistent empirical evidence that pharmaceutical companies continue to pay healthcare providers, and providers receiving higher levels of payments prescribe more opioids. This analysis is limited to legal payments, so it cannot establish any basis of liability by itself However, the relationships elucidated by this empirical evidence are the types that can facilitate the activities plaintiffs in the ongoing opioid litigation have alleged. Thus, the evidence developed and presented in this Article provides critically important insight into the role of manufacturers in the opioid crisis and into the litigation that crisis has generated
CBD and Gluten-Free: Compliance Challenges and Regulatory Action in New Areas of Food and Drug Law
Get PDFThis Article examines the challenges of regulating new areas of food and drug law and promoting industry compliance by considering two case studies: the U.S. regulation of cannabidiol (CBD) products and that of gluten-free items. Gluten-free claims on packaged foods have been subject to a set of U.S. Food and Drug Administ ration rules since those rules became effective in 2014. This new regulatory standard has improved the ability of consumers who need to rely on gluten-free labeling for health reasons to do so. Some concerns remain, however, about the mislabeling of foods that legally cannot be termed as gluten-free based on the ingredients they contain, as well as the gluten-free labeling of foods whose gluten levels exceed legal limits. CBD items are another set of novel products that present regulatory and enforcement challenges with respect to the protection of consumer health and safety. Although the FDA has sent warning letters to many companies selling CBD products that impermissibly claim to treat serious diseases, the widespread sale and marketing of CBD products bearing such claims continues. This Article uses the two case studies described above to explore industry compliance best practices and recommendations for regulatory action in evolving and emerging product areas. It further considers how companies manufacturing, selling, or marketing novel products may anticipate and react to changing law, or conform their operations to existing sets of rules that have the greatest application to their products. This Article also examines how consumer welfare may be best promoted through regulatory action and response. A more robust agency en forcement strategy is warranted with respect to both CBD products and gluten- free labeled items in order to better allow consumers to trust that these types of products on the marketplace fully comply with agency standards. Such increased enforcement would promote and more completely fulfill the purpose of long-existing agency rules, such as those concerning unsupported health claims, or more recent ones, such as the permitted ingredients or quantities of gluten in packaged food items labeled as gluten-free
FSU Law Focus - 11/05/2021
Get PDFFrom the Dean: Fall 2021 Distinguished Enviromental Lecture - Alexandra Klass, The Role of Private and Public Lands in the U.S. Clean Energy Transition; Business Law Clinic Students Present to FSU Student-Athletes; Alum Profile: Evelyn Fletcher Davis (\u2798); Student Profile: 3L Dhaima Grayhttps://ir.law.fsu.edu/fsu-law-focus/1034/thumbnail.jp