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