Products liability and "off-label" use of prescription drugs
Charging drug manufacturers with a duty to warn of all demonstrated risks associated with off-label use of a drug is the most efficient way of dealing with liability for injuries resulting from off-label drug use. The demonstrated risk approach serves to reduce social costs borne by the pharmaceutical industry while providing physicians with the freedom to prescribe drugs for off-label purposes. This approach is less costly to society than the foreseeable misuse rule and recognizes that seeking FDA approval for all uses would be cost-prohibitive for manufacturers.
Publication Name: University of Chicago Law Review
Tunnel vision: the war on drugs, 12 years later
The Reagan and Bush administration's war on drugs was a failure. In the first place, the effects of drug abuse pale beside those of alcohol and tobacco use. Rather than fighting drug abuse through education and treatment, Reagan and Bush chose to pour all funds into law enforcement, resulting in overcrowded prisons and court congestion so severe that federal judges no longer have enough time to devote to their civil dockets. Punishing drug users has been seen as so paramount that their human rights received little protection.
Publication Name: ABA Journal
Realized benefits from switching drugs
The policy of switching drugs to nonprescription status has real economic benefits, as shown by an analysis of cold and cough medicines. The study uses a model for benefits and costs and addresses the switching policy of the Food and Drug Administration. However, the success of policy to date does not justify indiscriminate switching, since there is a danger of self medication replacing necessary visits to the doctor.
Publication Name: Journal of Law and Economics
- Abstracts: Do pharmacists have a right to refuse to fill prescriptions for abortifacient drugs? Antiprogestin drugs: research and clinical use in Sweden
- Abstracts: Acceptability of mifepristone for early pregnancy interruption. Are adolescents good candidates for RU 486 as an abortion method?
- Abstracts: Industrial tribunals and the law of sex discrimination in the United Kingdom. The color complex: intraracial discrimination in the workplace
- Abstracts: Organizing worth its salt: the protected status of paid union organizers. Milking capitalism for all it's worth
- Abstracts: Equality and diversity: the eighteenth-century debate about equal protection and equal civil rights. A critical analysis of the civil penalty regime under the Credit Act 1984 (Vic.)