Download or read book Bad Prescription for the First Amendment written by Richard T. Kaplar and published by . This book was released on 1993 with total page 140 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Hazardous to Our Health written by Robert Higgs and published by Independent Institute. This book was released on 2016-06-20 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt: Some have described the Food and Drug Administration (FDA) as a scientific bureaucracy with police powers. Does a “cult of infallibility” exist within the FDA, leading to decisions that are contrary to the best interests of patients and their physicians? The Food and Drug Administration (FDA) is one of the most powerful of federal regulatory agencies, if not the most powerful. It regulates over 25% of all consumer goods sold in the United States. It makes decisions on a daily basis that affect the lives of millions of people. While the FDA was created to protect the public, how well is it fulfilling this mission and whose interests is it actually protecting? In this book, four outstanding scholars examine how the FDA accumulated its enormous power and what effects it has had on the public. It also explores who actually benefits and loses from FDA actions, and whether alternatives exist to safeguard the health of Americans. This book raises serious questions about the wisdom of giving policing power to scientists with little oversight or appeal process, as the FDA currently does. It also argues forcefully that the FDA unnecessarily delays beneficial medicines and medical devices, many of which are routinely available in Europe, from being available to Americans.
Download or read book The Government Factor written by Richard T. Kaplar and published by Cato Institute. This book was released on 1995 with total page 124 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book American Health Care written by Roger D. Feldman and published by Transaction Publishers. This book was released on with total page 460 pages. Available in PDF, EPUB and Kindle. Book excerpt: President Clinton's health care reform proposals of 1993 represented the most far-reaching program of social engineering attempted in the United States since the passage of Medicare and Medicaid in 1965. Under the guise of reforming the health care system, the Clinton plan would have herded almost all Americans under age sixty-five into large, government-sponsored health insurance purchasing alliances that would have contracted with insurers to offer a standard set of benefits at regulated prices. The plan came under fire from both Republicans and Democrats, including moderates from both parties, but it soon became apparent that what doomed it was a public unwilling to trust government to manage their health care. The critical literature has failed to offer a cogent analysis of why government control of health care does not work. American Health Care delivers that analysis. This volume examines why untoward consequences usually follow when government sets out to do good things. The contributors demonstrate how hospital rate regulation raises hospital prices, that "no-fault" medical malpractice increases the occurrence of faulty medicine, and that FDA regulation is a major cause for the escalating cost of new drugs. Part 1, trace the genesis of Medicare and its later developments and argue the consumer advantages of medical savings accounts and written health contracts. Part 2, explore the fallacies of antitrust policies that serve the interests of competitors, attack community rating for making health insurance unaffordable to large numbers of young workers. Part 3, contains a powerful critique of the FDA for withholding vital information on the health benefits of aspirin and shows how HMOs and other plans have caused pharmaceutical marketing to shift its focus from medical effectiveness to cost effectiveness. The final section explores how the private sector is improving in the areas of regulating physician and other health professional fees and the supply and quality of health professionals. American Health Care proposes reasonable balances between government and market options for in supply of health services. Without denying the need for some governmental action, the contributors show how far the market can go farther in performing critical functions in the health care industry. This volume will be important reading for health policymakers, economists, and health care professionals. Roger Feldman is professor at the Institute for Health Services Research, University of Minnesota. Mark V. Pauly is professor in the Department of Health Care Systems of the Wharton School, University of Pennsylvania.
Download or read book The First Amendment written by Ronald J. Krotoszynski and published by Aspen Publishing. This book was released on 2022-09-08 with total page 1404 pages. Available in PDF, EPUB and Kindle. Book excerpt: The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. The First Amendment: Cases and Theory, Fourth Edition is a comprehensive and up to date First Amendment casebook that covers freedom of speech, freedom of association, and religious liberties. The First Amendment: Cases and Theory, Fourth Edition, uses the case method to elucidate theory and doctrine. In an area rife with multi-factor tests, mastery of First Amendment theory and doctrine requires more than rote memorization of three- and four-part tests; it requires a firm foundation in the underlying theories and purposes that animate the Supreme Court’s decisions. No less important, the casebook also includes Theory Applied Problems at the end of each major section. These Theory Applied Problems provide an easy and convenient means to assess students’ mastery of the relevant theories and precedents. The editors also have included carefully targeted coverage of how other constitutional democracies, such as Canada and Germany, have reached very different conclusions regarding the scope and meaning of expressive freedom. All major contemporary free expression and religious liberty controversies receive coverage, with helpful notes to answer student questions and deepen their understanding of the subject areas. The First Amendment: Cases and Theory is a highly teachable casebook suitable for a standard three-hour survey of the First Amendment, but also for more focused courses on the Speech, Press, Assembly Clauses, and the Religion Clauses. New to the 4th Edition: Revised chapters on basic free speech doctrines including “low value” speech, content neutrality, symbolic conduct, and freedom of association Addition of recent major Supreme Court decisions on free expression, free exercise of religion, and the Establishment Clause Consideration of how social media affects freedom of expression Professors and students will benefit from: Completely revised and updated coverage – including coverage of the Supreme Court’s major First Amendment decisions since publication of the Third Edition Comprehensive coverage of contemporary major free speech and religious freedom controversies that are likely to generate future landmark Supreme Court precedents in the years to come Suitable for adoption in comprehensive First Amendment survey courses as well as more narrowly focused courses on the Speech, Press, and Assembly Clauses or the Religion Clauses The perspective of Tim Zick, a noted expert on freedom of expression, as a new casebook coauthor Covers cutting edge free speech controversies such as sexting, revenge porn, racist trademarks, government speech, and student speech rights in the age of the internet Places doctrinal developments into a coherent historical narrative that shows the evolving nature of First Amendment doctrine Includes targeted coverage of free speech rules in foreign jurisdictions that have considered, but rejected, the U.S. approach in important areas such as libel, hate speech, national security, and sexually explicit speech Reorganized and updated coverage of foundational free speech and association doctrines Completely reorganized and updated coverage of the Religion Clauses Includes up-to-date coverage of the growing conflicts over religious exemptions to anti-discrimination laws for individuals, churches, and businesses. Includes dedicated coverage of the Religious Freedom Restoration Act (RFRA) and state RFRAs Presents the “Lemon,” “endorsement,” “coercion,” and “history and tradition” tests for Establishment Clause challenges Separation of church and state cases in multiple areas from vouchers to creationism in schools to government sponsored Latin crosses to legislative prayers. Provides comprehensive coverage of the First Amendment in a casebook that can still be taught cover-to-cover in a standard three-hour survey course format without requiring the instructor to make selective coverage decisions
Download or read book The First Amendment written by Geoffrey R. Stone and published by Aspen Publishing. This book was released on 2024-02-07 with total page 906 pages. Available in PDF, EPUB and Kindle. Book excerpt: From the same authorship team behind the highly successful Constitutional Law and among the leading casebooks in the field, The First Amendment provides a comprehensive and accessible review of speech and religion jurisprudence under the First Amendment. The eminent authorship team, whose members are distinguished both in teaching and scholarship, combines textual, historical, theoretical, and doctrinal approaches in an inclusive and creative survey of the essential elements of modern First Amendment doctrine. It has been completely updated to incorporate recent developments in the field, including campaign finance and government speech, and provides a broader discussion of modern First Amendment issues, including those related to modern technology. New to the Seventh Edition: ● New material on recent developments in free speech and press doctrine Discussion of the implications of Iancu v. Brunetti, dealing with the constitutionality of a federal law prohibiting the registration of "disparaging" trademarks Discussion of the issue of flags on government property in Shurtleff v. Boston Discussion of campaign finance regulation in Federal Elections Commission v. Ted Cruz Discussion of the Court's controversial 2023 decision in Counterman v. Colorado Discussion of the Court's controversial 2023 decision in 303 Creative v. Elenis ● New material on recent developments in religion clause doctrine Discussion of the implications of the Bladensburg Cross case for the doctrine replacing the Lemon test Discussion of the Court’s elaboration of the “individualized determination” component of the Smith test, including its application in COVID related cases and in Fulton v. Philadelphia Professors and students will benefit from: ● Rigorous questions in the Notes ● Carefully selected and challenging excerpts from articles and books by leading First Amendment scholars ● Thoughtful organization of topics and cases designed to challenge students and to illuminate the evolution and current state of First Amendment jurisprudence
Download or read book Beyond the First Amendment written by Samuel P. Nelson and published by JHU Press. This book was released on 2005-07 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: Americans often believe that the First Amendment and free speech are synonymous and that all restrictions on speech can be addressed by the legal framework of the First Amendment. Political theorist Samuel P. Nelson argues that the current legal framework for free speech actually undermines attempts to resolve many of these issues and that the law of the First Amendment has supplanted the vital politics of free speech. To cut through the confusion, Nelson takes a step back from the First Amendment framework to understand the social nature of speech, moving toward a more pluralistsic and value-based understanding. He examines three philosophies commonly used to justify speech protection—libertarianism, expressivism, and egalitarianism—and finds none of them sufficiently responsive in today's contemporary political landscape. Advocating an approach grounded in value pluralism—which describes a wider variety of free speech claims than the First Amendment allows—Nelson pushes the debate beyond constitutional and legal questions.
Download or read book The Disappearing First Amendment written by Ronald J. Krotoszynski and published by Cambridge University Press. This book was released on 2019-10-03 with total page 411 pages. Available in PDF, EPUB and Kindle. Book excerpt: Shows that while the Supreme Court enforces some First Amendment rights vigorously, it often fails to protect ordinary citizens' expressive freedoms.
Download or read book U C Davis Law Review written by University of California, Davis. School of Law and published by . This book was released on 2004 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book What s Wrong with the First Amendment written by Steven H. Shiffrin and published by Cambridge University Press. This book was released on 2016-10-06 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is Wrong with the First Amendment? argues that the US love affair with the First Amendment has mutated into free speech idolatry. Free speech has been placed on so high a pedestal that it is almost automatically privileged over privacy, fair trials, equality and public health, even protecting depictions of animal cruelty and violent video games sold to children. At the same time, dissent is unduly stifled and religious minorities are burdened. The First Amendment benefits the powerful at the expense of the vulnerable. By contrast, other Western democracies provide more reasonable accommodations between free speech and other values though their protections of dissent, and religious minorities are also inadequate. Professor Steven H. Shiffrin argues that US free speech extremism is not the product of broad cultural factors, but rather political ideologies developed after the 1950s. He shows that conservatives and liberals have arrived at similar conclusions for different political reasons.
Download or read book Divine Prescription The written by Gunther B. Paulien and published by TEACH Services, Inc.. This book was released on 2017-08-22 with total page 615 pages. Available in PDF, EPUB and Kindle. Book excerpt: God helps those who help themselves. By knowing, understanding, and applying God's "Laws of Health" we can restore our health when ill and maintain our health when well. All intelligent men and women can be their own health instructors when they understand the true philosophy of health. We can exercise, breathe fresh air, rest when needed, drink plenty of water, dress properly, work moderately, and do that which most experienced physicians cannot do for us, and that is to regulate our diet. This extensive volume will show you how.
Download or read book Journal of Public Policy Marketing JPP M written by and published by . This book was released on 1996 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Off Label Prescription Advertising the FDA and the First Amendment written by Coleen Klasmeier and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: When the Food and Drug Administration (FDA) authorizes the marketing of a new drug or medical device, the license reflects the FDA's review of data and information relating to uses specified by the manufacturer and set forth in agency-approved labeling. Authorized products are often used “off-label,” i.e., for purposes other than those for which they are labeled. However, such uses are legal. Indeed, “off-label” use can be standard medical practice. Despite this undisputed fact, in most instances the FDA prohibits manufacturers from promoting such off-label uses, even to members of the medical profession. In short, the FDA prohibits the speech, even though the activity promoted is perfectly legal and the speech is neither false nor misleading. In this article, we seek to accomplish two goals: (1) to explore the political and administrative dynamics underlying the evolution of the FDA's policy towards off-label promotion, and (2) to test that policy by reference to both controlling commercial speech jurisprudence and the underlying values of the First Amendment's guarantee of free expression. We conclude that the FDA's prohibition of off-label promotion is the product of a complex set of political factors. We further conclude that not only is the FDA's policy towards manufacturers' promotion of off-label use unambiguously inconsistent with well established Supreme Court doctrine on commercial speech, it also contravenes core precepts of democratic theory that provide the normative foundation for the constitutional protection of free expression.
Download or read book Food and Drug Law Journal written by and published by . This book was released on 1999 with total page 780 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Law of Off label Uses of Medicines written by Andrea Parziale and published by Taylor & Francis. This book was released on 2022-08-12 with total page 183 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the regulatory framework for untested and unapproved uses (off-label uses) of medicines in the EU, UK, and USA. Before reaching patients, medicines are extensively tested by manufacturers and approved by regulators to minimise the risk of adverse reactions. However, physicians can prescribe pharmaceuticals for off-label uses, widespread in paediatrics, oncology, rare diseases and, more recently, in treatment for Covid-19. While off-label uses may offer hope, they may also expose patients to risks and uncertainties. Clarification is therefore needed to improve the protection of patients' rights while enhancing legal certainty for health actors. To this end, this work clarifies the regulatory mechanisms and litigation trends concerning off-licence prescriptions in these jurisdictions. It assesses how traditional, prevention-driven regulatory and civil liability rules are being adapted to tackle potential risks and scientific uncertainty. The book outlines the applicable regulations, as well as considering Brexit’s impact on off-label policies in the UK, and EU and national off-label policies in the context of the fight against the Covid-19 pandemic. It also explores under what conditions physicians, manufacturers, or regulators must compensate patients injured by untested prescriptions. The book will be an essential resource for researchers, academics and policy-makers working in the areas of medical law and ethics, public health law, pharmaceutical law and private comparative law.
Download or read book Regulating Our Constitutional Rights written by William B. Glidden and published by Rowman & Littlefield. This book was released on 2023-05-22 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: The author argues that we the people’s rights under the Constitution as amended cannot be characterized as “specific prohibitions” against government. Life, liberty, and property rights, and the freedoms of religion, speech, and press, for example, are neither self-defining nor precise. Accordingly, in our representative democracy, the unelected, unaccountable, life-tenured judges on the Supreme Court should defer to the laws of Congress affecting these rights absent a clear constitutional violation. But the modern conservative Court has become increasingly willing to overturn the laws and policy choices of our nation’s elected representatives based on the judges’ political and ideological preferences. Congress has the constitutional power to control the jurisdiction of the lower federal courts and the appellate jurisdiction of the Supreme Court, but it has not chosen to exercise this power in any meaningful way to preserve and protect the American people’s right to be governed by majoritarian rule
Download or read book The Good Guys the Bad Guys and the First Amendment written by Fred W. Friendly and published by Vintage Books USA. This book was released on 1977 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt:
