Preemption and Medical Devices: The Courts Run Amok

Perhaps the most dramatic indication that the courts have shifted attitudes on health and safety matters comes from recent cases relating to medical devices and preemption. In this Article, we review the law relating to preemption, the Cipollone decision, the preemption provisions of the MDA, the regulations issued by the Food and Drug Administration ( FDA ) relating to preemption, and the impact of Cipollone on court interpretations of the MDA. Based on our review of the intended preemptive effect of the MDA, we conclude that it is unlikely that either Congress or the FDA intended for the MDA to preempt state tort claims. Moreover, even if preemption were justified for some tort claims-a proposition we reject-the courts have extended the rationale in Cipollone far beyond anything that the Supreme Court intended in its ruling. In short, we maintain that the courts have run amok in their rulings on preemption

Sexual Harassment in the Workplace: a Primer

This Article is a primer for attorneys to use when advising their clients on how to address sexual harassment in the workplace. We will begin by describing the scope and severity of the sexual harassment problem. Then we will examine the recently strengthened federal law governing sexual harassment in the workplace. Finally, we will suggest policies and procedures for establishing and implementing a sexual harassment policy

Good Faith: A New Look At An Old Doctrine

In this article we sketch the basic contours of the contractual policing devices that apply to special relationships and to arm\u27s length transactions. We then explicate in greater detail the duty of good faith under general contract law and the Uniform Commercial Code. Finally, we explore some strategies for shortening arm\u27s length transactions through consensual extensions of the duty of good faith