Commentary Feb 13 Preemption

Commentary Feb 13 Preemption - The Supreme Court allows...

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William Lu James Tracey February 11, 2009 These two articles are very much similar in the aspect of preemption. One should take the initiative before the other and gain the lead. Preemption in the first article is pretty obvious, whether the U.S. should take the preemptive to before an imminent threat materializes. With this the U.S. seems like an empire forcing their ways onto other countries. Bush explicitly declares that “if we wait for threats to fully materialize, we will have waited too long” which is true in the aspects of warfare and also applying to global warming. People are just waiting for the effect of global warming to fully materialize which will have irreversible, disastrous consequences hence the world needs to take a “preemptive strike” at it before it gets any worse. The article about Ortho Evra birth control relates to the prior two articles about tort litigations.
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Unformatted text preview: The Supreme Court allows preemptive lawsuits of drug cases which imposes a great burden on society. The women sue the company for false labeling which led to harm and the company is blaming it on FDA but it truly lies with the company because they knew about the side effects and would know they would get sued similar to the cases of Agent Orange, DDT, and Vioxx. However, if there is too much fear of getting sued then scientists will have less incentive. Without innovation our society would not be like it was today. Because of our society mode 2 science is becoming the standard with less objectivity. Is it possible for society to impose constraints on science while it keeps being innovative?...
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This note was uploaded on 06/30/2010 for the course CAT cat 2 taught by Professor Golan during the Spring '10 term at UCSD.

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