FDA Preemption of State Tort Law in Drug Regulation: Finding the Sweet Spot

The project of harmonizing tort law and regulatory law in the public interest-the sweet spot of my subtitle-is inherently fraught with difficulty. This, of course, is a very old problem for American law generally. Our administrative state began during the first decade of the Republic. Beacause energetic administration has always created risks of harm to persons and property, the potential for overlap and conflict with the hoary common law of torts. which likewise protects persons and property, has always been an inevitable consequence of regulatory statutes. Moreover, as Richard Nagareda explains, recent developments in both tort law and administrative regulation increasingly cast the two less as complementary regimes than as institutional rivals

Tort Liability to those Injured by Negligent Accreditation Decisions

The risk of tort liability for negligent accreditators is examined. Only a single court has held a private accrediting body liable to a consumer for negligence in connection with its evaluation of a social service provider

Lawyers and Policymakers in Government

Schuck discusses the conflicts in policymaking that occurred between the office of the ASPE (Assistant Secretary for Planning and Evaluation) and the Secretary of the Department of Health, Education, and Welfare, Joseph A. Califano. Califano believed that only lawyers were fit policymakers and everyone else was a mere technician

FDA Preemption of State Tort Law in Drug Regulation: Finding the Sweet Spot

The positive and normative relationships between FDA regulation of pharmaceutical drugs and state tort law have gained much attention in recent years, with FDA aggressively asserting preemptive effect, some state courts resisting, and the U.S. Supreme Court relatively active on preemption issues, including several now pending before the Court. Prominent scholars of torts and regulation have analyzed these issues from a variety of rich perspectives. This paper weighs in on this debate, making several contributions.

Di-neutron correlation in light neutron-rich nuclei

Using a three-body model with density-dependent contact interaction, we discuss the root mean square distance between the two valence neutrons in $^{11}$Li nuclues as a function of the center of mass of the neutrons relative to the core nucleus $^9$Li. We show that the mean distance takes a pronounced minimum around the surface of the nucleus, indicating a strong surface di-neutron correlation. We demonstrate that the pairing correlation plays an essential role in this behavior. We also discuss the di-neutron structure in the $^8$He nucleus.Comment: A talk given at Franco-Japanese symposium on "New Paradigms in Nuclear Physics", Sep. 29-Oct. 2, 2008, Paris, Franc

Atomic Bose-Fermi mixed condensates with Boson-Fermion quasi-bound cluster states

The boson-fermion atomic bound states (composite fermion) and their roles for the phase structures are studied in a bose-fermi mixed condensate of atomic gas in finite temperature and density. The two-body scattering equation is formulated for a boson-fermion pair in the mixed condensate with the Yamaguchi-type potential. By solving the equation, we evaluate the binding energy of a composite fermion, and show that it has small T-dependence in the physical region, because of the cancellation of the boson- and fermion- statistical factors in the equation. We also calculate the phase structure of the BF mixed condensate under the equilibrium B+F -> BF, and discuss the role of the composite fermions: the competitions between the degenerate state of the composite fermions and the Bose-Einstein condensate (BEC) of isolated bosons. The criterion for the BEC realization is obtained from the algebraically-derived phase diagrams at T=0.Comment: 5 pages, 3 figure

Random Phase Approximation and Extensions Applied to a Bosonic Field Theory

An application of a self-consistent version of RPA to quantum field theory with broken symmetry is presented. Although our approach can be applied to any bosonic field theory, we specifically study the $\phi^4$ theory in 1+1 dimensions. We show that standard RPA approach leads to an instability which can be removed when going to a superior version,i.e. the renormalized RPA. We present a method based on the so-called charging formula of the many electron problem to calculate the correlation energy and the RPA effective potential.Comment: 30 pages, LaTeX file, 10 figures included, final version accepted in EPJ