Author Archives: Sam Halabi

Renegotiating Trade Deals in Light of Advances in Multilateral Treaty Law Applicable to the Life Sciences Economy

by Sam Halabi — Tuesday, Jan. 24, 2017

Donald Trump’s team has led an insurrection against the dogma of free trade, calling for a revision or dissolution of NAFTA and killing US participation in the Trans-Pacific Partnership.  They promise to “repeal and replace” the prevailing multilateral system with bilateral deals that do a better job of allocating trade gains to the U.S. (and, […]

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Stigma, Sexual Assault, and the Structure of Title IX Compliance

by Sam Halabi — Monday, Dec. 19, 2016

It is inevitable that the priorities of the Department of Education will change under its new chief, Betsy DeVos. The purpose of this post is to take one of the Obama-era legacies – Title IX enforcement – and suggest ways it might be improved – especially as understood from an individual health lens. While the […]

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Where It Hurts

by Sam Halabi — Monday, Dec. 12, 2016

It’s unclear how many Americans fully understand the meaning of the U.S. (and many other countries’) “one China policy” and the history behind it, but Donald Trump’s recent phone call with Tsai Ing-wen, the Taiwanese president who won this year’s elections in part on an interpretation of “one China” that included greater autonomy for Taiwan, […]

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Obama, Trump, and Infectious Diseases as National Security Threats

by Sam Halabi — Friday, Nov. 25, 2016

One of the distinguishing features of the Obama administration’s approach to national security threats has been the priority given to infectious diseases. Clinton and George W. Bush established their own programs devoted in substantial measure to HIV/AIDS but the Obama administration, from 2009, dedicated far more of its security planning resources to outbreaks of infectious […]

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Administrative Law as Prerequisite

by Sam Halabi — Tuesday, Nov. 8, 2016

Stepping away from research interests for a post, I thought I’d pose a teaching-related question to the bloggers and readers of Notice and Comment: for which courses that you (or others you know) teach is Administrative Law a mandatory prerequisite? After two weekends spent at conferences where I had a chance to catch up with […]

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How Private Food Safety Standards Restrict Access to Markets (and the Desirability of Doing So)

by Sam Halabi — Monday, Oct. 24, 2016

In general, private food safety standards might be regarded as beneficial for both producers and consumers. If Walmart, for example, imposes a requirement on its supplier farms to use chemical fertilizers instead of manure, an important safety risk is minimized (although with other perhaps less desirable costs imposed on farmers and their environment), consumers’ food […]

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What Exactly is Global GAP and Where Did it Come From?

by Sam Halabi — Tuesday, Sept. 27, 2016

To understand how private food safety standards have emerged as competitors with regulations adopted through more conventional public law processes, it is worth understanding how the major private standard setter – Global GAP – works and where it came from. The movement for private certification of farming practices resulted from two related consumer pressures and […]

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The Battle between Public and Private Food Safety Standards

by Sam Halabi — Monday, Sept. 12, 2016

One of the many far-reaching provisions of the 2011 Food Safety Modernization Act (FSMA) authorizes a voluntary program for the accreditation of third-party certification bodies, also known as auditors, to conduct food safety audits and issue certifications of foreign facilities and the foods for humans and animals they produce. FDA finalized this rule in 2015 […]

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If There’s No Such Thing as Medical Marijuana, How Do We Have Medical Marijuana?

by Sam Halabi — Friday, Aug. 12, 2016

This week, the Drug Enforcement Agency (DEA) responded to petitions requesting a redesignation of marijuana for the benefit of scientific research. The DEA refused, citing, somewhat tautologically, the fact that there are no scientifically valid and well-controlled clinical trials demonstrating benefits for certain modalities of marijuana for specific medical indications.  DEA affirmed marijuana’s continued status […]

The Predictable but Disappointing Outcome of Universal Health Services v. United States ex. rel. Escobar

by Sam Halabi — Sunday, July 3, 2016

On June 16, 2016, Justice Clarence Thomas wrote for a unanimous Supreme Court that so-called “implied certification” theories supporting False Claims Act suits were permissible under the statute but ultimately sided with the government contractor because “if the Government pays a particular claim in full despite its actual knowledge that certain requirements were violated, that […]