The Food and Drug Law Institute (FDLI) is soliciting academic scholarship for the 2022 Food and Drug Law Journal Symposium, which will explore the relationships between FDA and other domestic regulators. This Symposium will offer wide-ranging discussion, among scholars and practitioners, of the actual and the possible, the problematic and the productive, what has been learned, what should be studied, what might be changed, practical impediments and legal obstacles, cautions and concerns, and what the future might hold.

The Food and Drug Law Journal Symposium encourages thoughtful legal scholarship on topics that may be historical, descriptive, empirical, theoretical, or normative, as the subject dictates. Papers may consider any domestic regulators, or combination of them, from the CDC, CMS, and other sister agencies within HHS, to the Patent and Trademark Office (PTO), FTC, DOJ, SEC, Customs and Border Protection, state pharmacy boards, and federally recognized tribal governments. 

Topics that might be explored include, but are not limited to:

  • Are there lessons from COVID-19 about FDA’s relationship with CDC or state health agencies?
  • Does the current relationship between FDA and DEA work optimally from a public policy perspective?
  • Should FDA and FTC still divide responsibility for regulation of advertising of FDA-regulated products? 
  • What agency should decide (FDA? DOJ? Both?) when to pursue criminal prosecution for violations of the FDCA? 
  • Should the relationship between FDA and PTO be expanded? 
  • Are there benefits to FDA being independent from HHS? 
  • Have state legislatures, courts, and regulators found ways to effectively permit private plaintiffs to sue for what amounts to violation of the FDCA? 
  • Does the joint jurisdiction of FDA and USDA on the regulation of food and agriculture adequately protect consumers?
  • Has the public harm standard in the Tobacco Control Act changed the way FDA views its role under the FDCA for other product areas?
  • Are some issues better left to resolution on a state-by-state basis rather than by FDA?
  • Is there any role for the state-level “Food, Drug & Cosmetic Acts” in the 21st century?
  • Should FDA’s cooperation with and reliance on state and local officials expand?

The Call for Abstracts closes on June 27, 2022, and authors of selected papers will be notified by July 8, 2022. Following the Symposium on November 3–4, 2022, finalized papers will be considered for publication in a dedicated issue of the Food and Drug Law Journal.

Call for Abstracts

FDLI invites interested authors to submit an abstract for a scholarly legal article that outlines the topics, arguments, and theme(s) for a proposed article.

Guidelines

  • Abstracts should be no more than 500 words.
  • All submissions must be received through the submission portal.
  • Multiple submissions from one submitter and/or organization can be accepted.
  • If accepted, authors must be prepared to submit a final draft article by October 17 and participate in a discussion of the paper during the Symposium on November 3–4.

Submission Timeline

  • Monday, June 27, 2022: Call for Abstracts closes.
  • Friday, July 8, 2022: Accepted authors will be notified.
  • Monday, October 17, 2022: Draft papers are due.
  • Thursday, November 3 and Friday, November 4, 2022: FDLJ Symposium.

The Food and Drug Law Journal (FDLJ) is the publication sponsor for this Symposium and reserves a right of first refusal to publish accepted papers, subject to the editorial review process. All final papers should be under 25,000 words in length, double-spaced, and in Times New Roman font. FDLJ requires footnotes that conform with the 21st edition of The Bluebook: A Uniform System of Citation. Additional author guidelines are available here. Questions regarding submission requirements may be directed to [email protected].

Please contact Paige Samson with any questions about the Symposium.

Submit Abstract

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Sponsorship Opportunities

Sponsorship opportunities are available. Please let us know if you would like more information.

 

Last Year’s Agenda

A preliminary agenda will be announced in September 2022. If you would like to be notified, please let us know.

Thursday, November 4, 2021

11:30–11:40 AM
Welcome and Announcements
Amy Comstock Rick, President & CEO, FDLI
Paige Samson, Director, Innovative Programs and Publications, FDLI

11:40 AM–12:10 PM
Keynote Address
Danielle Holley-Walker, Dean, Howard University School of Law
Introduced by: Daniel A. Kracov, Partner, Arnold & Porter and Chair, FDLI Board of Directors 

12:10–1:25 PM
Paper Presentation and Discussion

“Eugenics and the Development of U.S. Food and Drug Law”

Author: Daniel A. Kracov, Partner, Arnold & Porter and Chair, FDLI Board of Directors
Discussant:  Rhonda Vonshay Sharpe, President, Women’s Institute for Science, Equity, and Race
Moderator:  Lewis A. Grossman, Professor of Law and Affiliate Professor of History, American University, Washington College of Law

1:25 – 1:35 PM
Break

1:35–2:35 PM
Commentary Discussion

“Incentivizing Racial Diversity in Clinical Trials with Expedited Programs”

AuthorsSarah Thompson Schick, Associate, DLA Piper LLC & Kirsten Axelsen, Senior Policy Advisor, DLA Piper LLC 
Discussant: Jill A. Fisher, Professor of Social Medicine, University of North Carolina, Chapel Hill
Moderator: Jacqueline R. Berman, Partner, Morgan, Lewis & Bockius LLP

2:35–3:50 PM
Paper Presentation and Discussion

“E-Racing Health Disparities: Menthol, E-Cigarettes, and Continued Efforts to Target People of Color”

AuthorMichael R. Ulrich, Assistant Professor of Health Law, Ethics & Human Rights, Boston University 
Discussant: Tammi Shimere Etheridge, Assistant Professor, Elon University School of Law
Moderator: Daniel Giovenco, Assistant Professor, Sociomedical Sciences, Columbia Mailman School of Public Health

Friday, November 5, 2021

11:30–11:40 AM
Welcome and Announcements
Paige Samson, Director, Innovative Programs and Publications, FDLI
Sonia L. Canzater, Associate Director, Hepatitis Policy Project, O’Neill Institute for National and Global Health Law, Georgetown University Law Center

11:40 AM–12:00 PM
Keynote Address
RADM Richardae Araojo, Associate Commissioner for Minority Health, Office of Minority Health and Health Equity (OMHHE), FDA
Introduced by: Marie Boyd, Associate Professor of Law, University of South Carolina School of Law and Chair, Food and Drug Law Journal Editorial Advisory Board

12:00–1:15 PM
Paper Presentation and Discussion

“The War on Abortion Drugs: Unequal Access to Medical Abortion”

Author: Brittany Raposa, Associate Director & Professor of Bar Support, Roger Williams University School of Law 
Discussant: Myrisha S. Lewis, Associate Professor of Law, William & Mary Law School
Moderator: Laurie Beyranevand, Director, Center for Agriculture and Food Systems and Professor of Law, Vermont Law School

1:15–1:25 PM
Break

1:25–2:30 PM
Paper Presentation and Discussion              

“Of Vaccine and Hesitancy”

Author: Jasper L. Tran, Associate, Milbank LLP
Discussant: Matiangai Sirleaf, Nathan Patz Professor of Law, University of Maryland School of Law
Moderator: Joseph A. Page, Professor Emeritus, Georgetown University Law Center

2:40–3:40 PM
Commentary Discussion and Audience Q&A

“Racial Equity Implications of Artificial Intelligence in Health Care”

Author: Patrick Ross, The Joint Commission
Discussant: Pilar Ossorio, Professor of Law and Bioethics, University of Wisconsin-Madison Law School
ModeratorCharlotte Tschider, Assistant Professor, Loyola University Chicago School of Law

3:40 PM
Symposium Adjournment

Continuing Legal Education

FDLI applies for CLE credits in Ohio, Pennsylvania, and Virginia. These CLE approvals may also be honored by other states. The CLE credits will be posted as they are granted, and you can request to be notified when approval is received.

Planning Committee

Daren Bakst, The Heritage Foundation
Marie Boyd, University of South Carolina
Christine P. Bump, Penn Avenue Law & Policy
Jonathan M. Cohen, K&L Gates LLP
Bridget C.E. Dooling, George Washington University
Jamie W. Gamerman, FDA–CDER
Lewis A. Grossman, American University
John F. Johnson III, Shook, Hardy & Bacon LLP
Sara Koblitz, Hyman Phelps & McNamara
Erika Lietzan, University of Missouri-Columbia School of Law and Chair, Food and Drug Law Journal Editorial Advisory Board
Cynthia L. Meyer, Kleinfeld, Kaplan & Becker, LLP
Adam Muchmore, Penn State Law
James O’Reilly, University of Cincinnati
Daniel Orr, Thomson Reuters
Tina Papagiannopoulos, Foley Hoag LLP
Tyler Scandalios, Arnold & Porter LLP