Oregon Law Review : Vol. 88, No. 4 (2009)
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Item Open Access Oregon Law Review : Vol. 88 No. 4, p. 1189-1220 : These Statements Have Not Been Approved by the FDA: Improving the Postapproval Regulation of Prescription Drugs(University of Oregon Law School, 2009) Page, Christopher R.In light of the current regulatory climate, this Comment argues for a new approach to the regulation of prescription drugs approved by the FDA for general sale. The author proposes a reorganization of the agency resulting in the creation of a division of the FDA that focuses solely on actively making regulatory decisions regarding postapproval pharmaceutical products. This new division should be granted the power to effectively gather information and enforce regulations against pharmaceutical companies without needing to consult with another agency or FDA division. The use of this power by a new division would significantly ameliorate much of the public distrust discussed previously.Item Open Access Oregon Law Review : Vol. 88 No. 4, p.1139-1188 : The Graying of the American Manufacturing Economy: Gray Markets, Parallel Importation, and a Tort Law Approach(University of Oregon Law School, 2009) Grant, Joseph KarlThis Article examines the gray market or parallel importation as it impacts American manufacturers from three discrete legal perspectives: (1)trademark law, (2) customs law, and (3) copyright law. Further, this Article explores in depth the case law in the United States that has framed the gray market discussion. This Article concludes by recommending that American manufacturers turn to tort law as a solution to their gray market issues. Specifically, this Article advocates for the use of the tort of intentional interference with performance of contract by a third person as a means to combat the problem of gray market or parallel importation of goods.Item Open Access Oregon Law Review : Vol. 88 No. 4, p.1085-1138 : Physician-Assisted Suicide and Dementia: The Impossibility of a Workable Regulatory Regime(University of Oregon Law School, 2009) Mitchell, John B.Part I of this Article explores the neurophysiological effects of dementia on the interrelated processes of memory, cognition, and language. The section then explains how the neurological damage associated with dementia manifests in the daily life of the dementia sufferer. Part II faces the myth of “the empty shell” head on— exploring the myth, debunking it, and then explaining the need to curb the self-fulfilling institutional dynamics of “malignant positioning.” Finally, Part III directly confronts the impossibility of creating a legal regime that can acceptably regulate PAS and dementia.Item Open Access Oregon Law Review : Vol. 88 No. 4, p.1053-1084 : The Evolution of a New Pleading Standard: Ashcroft v. Iqbal(University of Oregon Law School, 2009) Smith, Douglas G.Item Open Access Oregon Law Review : Vol. 88 No. 4, p. 963-1052 : Oregon’s New Choice-of-Law Codification for Tort Conflicts: An Exegesis(University of Oregon Law School, 2009) Symeonides, Symeon C.On January 1, 2010, Oregon’s new choice-of-law codification for tort conflicts went into effect.1 This pioneering statute is one more example of Oregon’s well-established propensity and capacity to innovate and to lead. The new statute is the first attempt to codify this interesting but difficult subject in a common-law state in the United States. This Article provides a section-by-section exegesis of the new statute in an effort to assist courts and counsel in interpreting and applying it.