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

Truncation scheme of time-dependent density-matrix approach

A truncation scheme of the Bogoliubov-Born-Green-Kirkwood-Yvon hierarchy for reduced density matrices, where a three-body density matrix is approximated by the antisymmetrized products of two-body density matrices, is proposed. This truncation scheme is tested for three model hamiltonians. It is shown that the obtained results are in good agreement with the exact solutions.Comment: 8 pages, 14 figure

Odd-particle number random phase approximation and extensions: Applications to particle and hole states around 16^{16}O

The hole-state random phase approximation (hRPA) and the particle-state random phase approximation (pRPA) for systems like odd $A$ nuclei are discussed. These hRPA and pRPA are formulated based on the Hartree-Fock ground state. An extension of hRPA and pRPA based on a correlated ground state is given using time-dependent density-matrix theory. Applications to the single-particle states around $^{16}$O are presented. It is shown that inclusion of ground-state correlation affects appreciably the results of hRPA and pRPA. The question of the coupling of the center of mass motion of the core to the particle (hole) is also discussed.Comment: 14 pages, 17 figure

Occupation numbers in strongly polarized Fermi gases and the Luttinger theorem

We study a two-component Fermi gas that is so strongly polarized that it remains normal fluid at zero temperature. We calculate the occupation numbers within the particle-particle random-phase approximation, which is similar to the Nozieres-Schmitt-Rink approach. We show that the Luttinger theorem is fulfilled in this approach. We also study the change of the chemical potentials which allows us to extract, in the limit of extreme polarization, the polaron energy.Comment: 8 pages, 8 figure

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.