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.

Perpetual Motion

Human beings are constantly on the move. Americans are probably the most peripatetic people in the industrialized world, with nearly twenty percent of us each year changing the location of our homes within the United States. Our mobility, however, is insignificant when compared with the migrations of peoples who cross the ocean leaving their societies far behind and casting their lots with new, altogether alien ones

A Response to the Critics

My article on refugee burden-sharing ( Refugee Burden-Sharing: A Modest Proposal, 22 YALE J. INT\u27L. L. 243 (1997)) advances a novel approach to an appalling problem that desperately needs all the fresh thinking it can get. Unfortunately, the critique by Deborah Anker, Joan Fitzpatrick, and Andrew Shacknove, Crisis and Cure: A Reply to Hathaway/Neve and Schuck, 11 HARv. HUM. RTS. J. 295 (1998), while both serious and respectful, misrepresents my proposal in a number of significant respects-misrepresentations that I pointed out to them when they sent me a draft of their critique only days before this draft was to go to the printer. I shall briefly address each of those misrepresentations in the order in which they appear in their critique

Immigration Policy: Myths, Realities, and Reforms

I am delighted to be part of the conference that is being held here at Washburn University School of Law. I would like to thank Dean Romig, Professor Reggie Robinson, Professor David Rubenstein, and Professor Shawn Leisinger and anybody else who has been involved with the convening of the conference and inviting me here. It is a great pleasure and an honor. I hope that I will be able to provide some interesting material for you to digest with your meal. I call the talk Immigration Policy: Myths, Realities, and Reforms, and I want to emphasize some of the different aspects of immigration policy that I believe are not well understood. So I am dividing the talk into four parts: (1) an introduction, (2) some myths and misunderstandings about immigration, (3) some thoughts about immigration reform, and, finally, (4) some concluding remarks