Thrilled the 9th World Health Organization (WHO) Tobacco Regulatory Report is out ! With a chapter by yours truly, together with the outstanding @MicahLBerman and Patti Zettler from The Ohio State University Moritz College of Law: '3. Synthetic nicotine: science, global legal landscape and regulatory considerations'
who.int/publications/i…

It would be a damn shame if the Fifth Circuit’s decision about the FDA Ivermectin tweet discouraged agencies from tweeting. We need this. *I* need this.

Yesterday, HHS made an official recommendation that marijuana be moved from Schedule I to Schedule III under federal law.

To better understand what that could mean for marijuana, watch our recent event on cannabis scheduling, moderated by Cat Packer. youtu.be/Zt_HoRu527I?fe…

I'm very excited to participate in this George Mason Law Review symposium. Kent Barnett and I will be presenting a paper based on our amicus brief in this case (papers.ssrn.com/sol3/papers.cf…), which I guess means we'll be part of Chevron's defense team at this trial! 🤓

As a person of color, religious minority & person with lived experience, I’m thrilled, honored, ecstatic to share that our (Jennifer Oliva) article, The ‘New’ Drug War, has been accepted for publication in the Virginia Law Review Virginia Law Review. I feel nothing but gratitude.

'...if all of this effort were directed at coming up with more robust experiments, better treatments for sick people, or ways to make those treatments cheaper and more equitable. Instead, publishers, institutions, and academics are stuck in the cycle of following the money.'

Lars Noah recently posted a critique of the FDA law scholars brief in the AHM v. FDA case abt mife’s regulation. Patti Zettler & I helped organize the amicus effort & were the lead amici. We disagree w many of Lars’s claims & wrote a short reply refuting them papers.ssrn.com/sol3/papers.cf…

Congratulations to @MicahLBerman, the new Stephen F. Loebs Professor in Health Services Management and Policy 👏! Berman is an international expert in tobacco policy and has a joint appointment at The Ohio State University Moritz College of Law.
cph.osu.edu/news/2023/08/m…

Curious (or worried) about how #SCOTUS affirmative action decisions may hamper antiracist efforts in medicine?

I’m grateful to Michigan Law Review for accepting “Antiracist Medicine in Colorblind Courts” for publication. Comments welcome!

Draft: papers.ssrn.com/sol3/papers.cf…
Abstract ⬇

Great quotes!

E.g.: 'This is because the market for things that purport to improve people’s health and lives, like nutritional supplements, is huge . . .Almost none of them have been proven to any reasonable degree to do anything beyond lighten the consumer’s bank account'

#FDA CBER Office of Therapeutic Products Town Hall: Nonclinical Assessment of Cell and Gene Therapy Products fda.gov/news-events/fd…

I'm excited to share some new research I've been working on with Kevin Tobia and Brian Slocum on the claims that we're seeing that the Major Questions Doctrine is just a common sense linguistic canon reflecting how an ordinary reader approaches delegating statutes. It's not. 1/6

Pleased to present Hortatory Mandates, coauthored with ⁦⁦Nathan Cortez⁩. Born on Twitter and now published in ⁦Gᴇᴏ. Wᴀsʜ. L. Rᴇᴠ.⁩! gwlr.org/hortatory-mand…

It's not a Stanford Law School prize but from the American Board of Internal Medicine Foundation—much bigger deal! The article was with Stanford Med's Philip Pizzo & David Spiegel, published in JAMA. BIG congrats to all!

Folks teaching FDA law - join us Fri for FDLI's faculty discussion reintegrating recent caselaw into your class. And oh boy, is there a lot of recent caselaw to contemplate!

(*and* you don't need to be a FDLI member for this event)

fdli.org/food-and-drug-…

New publication (w/ Anika Vassell Dr. Valorie Crooks, PhD) on how journalists write about medical crowdfunding campaigns. Of note, journalists become arbiters of deservingness: “those pull-at-your-heartstring type stories usually sort of, draw some interest” onlinelibrary.wiley.com/doi/10.1002/nv…

The (Judicially) Conservative Case for Keeping Chevron Deference, a short Yale Journal on Regulation post on my amici brief with Kent Barnett: yalejreg.com/nc/the-judicia…

When AI is used in medicine, things will go wrong & patients will get hurt.
(Just like without AI! Hopefully less!)
Who should be liable?
I. Glenn Cohen & I have thoughts at ssrn.com/abstract=45177…, forthcoming DePaul L Rev. Comments welcome!
#MedicalAI #Tort #AI #HealthLaw

ISCT leaders Jacques Galipeau, Patti Zettler, Dan Weiss, Laertis Ikonomou at the University of Vermont's Stem Cells, Cell Therapies, and Bioengineering in Lung Biology and Diseases Conference. ISCT was delighted to participate and co-sponsor a session on the Compassionate Use of CGT

Bottom line: If we are worried about judicial neutrality in reviewing agency statutory interpretations, Chevron is your friend; a squishier standard like Skidmore or, worse, plenary de novo review will increase politics in judicial decisionmaking.