Daniel Troy - Academia.edu (original) (raw)

Papers by Daniel Troy

Research paper thumbnail of Advertising: not low value speech

Yale J. on Reg., 1999

The Supreme Court has long afforded commercial messages in a ... I. The Colonial Understanding of... more The Supreme Court has long afforded commercial messages in a ... I. The Colonial Understanding of the Importance of Commercial Speech ........................................................................................ ... A. The First Amendment 's Orientation Towards the Protection of Property .............................. ...

Research paper thumbnail of Thurgood Marshall: American Revolutionary.(Review)

The American Enterprise, Mar 1, 1999

Research paper thumbnail of Advice to the New President on the FCC and Communications Policy

Harvard Journal of Law Public Policy, Mar 22, 2001

ADVICE TO THE NEW PRESIDENT ON THE FCC AND COMMUNICATIONS POLICY Daniele. Troy* I. Introduction T... more ADVICE TO THE NEW PRESIDENT ON THE FCC AND COMMUNICATIONS POLICY Daniele. Troy* I. Introduction The Telecommunications Act of 1996 ("1996 Act'7)1 promised the first major revision of communications policy since the passage of the Communications ...

Research paper thumbnail of Constitution-Writing in Central Europe

Update on Law Related Education, 1990

All over Eastern Europe, nations are throwing off Communist dictatorships and creating new democr... more All over Eastern Europe, nations are throwing off Communist dictatorships and creating new democracies. This has led to a spate of constitution-writing which provides interesting opportunities for Americans. We can ask ourselves how we would structure a government were we ...

Research paper thumbnail of Locating the Boundaries: The Scope of Congress's Power to Regulate Commerce

Harvard Journal of Law Public Policy, Jun 22, 2002

... This Article was prepared for a symposium sponsored by the US Chamber of Commerce, which prov... more ... This Article was prepared for a symposium sponsored by the US Chamber of Commerce, which provided financial support. Mr. Troy's views do not reflect the position of the FDA. ... Before the Declaration of Independence, Britain regulated and monitored trade among the colonies. ...

Research paper thumbnail of Former FDA Chief Counsels roundtable at the 55th Annual Conference of the Food and Drug Law Institute

Food and drug law journal, 2012

Research paper thumbnail of Pharmaceutical Promotion and First Amendment Rights

New England Journal of …, 2008

To the Editor: In our article on lung transplan-tation and survival in children with cystic fibro... more To the Editor: In our article on lung transplan-tation and survival in children with cystic fibro-sis (Nov. 22 issue),1 the recording of censoring dates, but not deaths, for 27 of the 514 patients in the final data set that we analyzed was in er-ror. The data were inadvertently corrupted ...

Research paper thumbnail of Unclogging the Bottleneck: A New Essential Facility Doctrine

Colum. L. Rev., 1983

In imposing a duty to deal upon lawful monopolists, some recent anti-trust decisions have articul... more In imposing a duty to deal upon lawful monopolists, some recent anti-trust decisions have articulated a theory that emphasizes the effect of the lawful monopolists' refusal to deal.' Variously identified as the "essential facility doctrine" or the "bottleneck monopoly theory," this approach gives ...

Research paper thumbnail of Federal Preemption at the Supreme Court

Introduction It has been a striking time for federal preemption at the Supreme Court. This past t... more Introduction It has been a striking time for federal preemption at the Supreme Court. This past term, the Court heard six preemption cases, deciding four in favor of federal preemption by large margins, one against preemption, and coming to a draw in the sixth case in which Chief Justice John Roberts did not participate.1 In the coming term, the Court is poised to hear two additional significant preemption cases.2

Research paper thumbnail of Unfunded Mandates Reform Act of 1995, The

Admin. L. Rev., 1997

The Unfunded Mandates Reform Act of 1995 (Act),' which passed the Senate by 91 to 9 and the ... more The Unfunded Mandates Reform Act of 1995 (Act),' which passed the Senate by 91 to 9 and the House by 394 to 28, with the enthusiastic support of ex-Govemor Clinton,2 seeks to address the problem of rising unfunded government mandates in at least two separate ways. First, ...

Research paper thumbnail of A TOOLKIT FOR CHANGE: HOW THE FEDERAL CIVIL RULES ADVISORY COMMITTEE CAN FIX A CIVIL JUSTICE SYSTEM "I N SERIOUS NEED OF REPAIR

Research paper thumbnail of Advertising: not low value speech

Yale J. on Reg., 1999

The Supreme Court has long afforded commercial messages in a ... I. The Colonial Understanding of... more The Supreme Court has long afforded commercial messages in a ... I. The Colonial Understanding of the Importance of Commercial Speech ........................................................................................ ... A. The First Amendment 's Orientation Towards the Protection of Property .............................. ...

Research paper thumbnail of Thurgood Marshall: American Revolutionary.(Review)

The American Enterprise, Mar 1, 1999

Research paper thumbnail of Advice to the New President on the FCC and Communications Policy

Harvard Journal of Law Public Policy, Mar 22, 2001

ADVICE TO THE NEW PRESIDENT ON THE FCC AND COMMUNICATIONS POLICY Daniele. Troy* I. Introduction T... more ADVICE TO THE NEW PRESIDENT ON THE FCC AND COMMUNICATIONS POLICY Daniele. Troy* I. Introduction The Telecommunications Act of 1996 ("1996 Act'7)1 promised the first major revision of communications policy since the passage of the Communications ...

Research paper thumbnail of Constitution-Writing in Central Europe

Update on Law Related Education, 1990

All over Eastern Europe, nations are throwing off Communist dictatorships and creating new democr... more All over Eastern Europe, nations are throwing off Communist dictatorships and creating new democracies. This has led to a spate of constitution-writing which provides interesting opportunities for Americans. We can ask ourselves how we would structure a government were we ...

Research paper thumbnail of Locating the Boundaries: The Scope of Congress's Power to Regulate Commerce

Harvard Journal of Law Public Policy, Jun 22, 2002

... This Article was prepared for a symposium sponsored by the US Chamber of Commerce, which prov... more ... This Article was prepared for a symposium sponsored by the US Chamber of Commerce, which provided financial support. Mr. Troy's views do not reflect the position of the FDA. ... Before the Declaration of Independence, Britain regulated and monitored trade among the colonies. ...

Research paper thumbnail of Former FDA Chief Counsels roundtable at the 55th Annual Conference of the Food and Drug Law Institute

Food and drug law journal, 2012

Research paper thumbnail of Pharmaceutical Promotion and First Amendment Rights

New England Journal of …, 2008

To the Editor: In our article on lung transplan-tation and survival in children with cystic fibro... more To the Editor: In our article on lung transplan-tation and survival in children with cystic fibro-sis (Nov. 22 issue),1 the recording of censoring dates, but not deaths, for 27 of the 514 patients in the final data set that we analyzed was in er-ror. The data were inadvertently corrupted ...

Research paper thumbnail of Unclogging the Bottleneck: A New Essential Facility Doctrine

Colum. L. Rev., 1983

In imposing a duty to deal upon lawful monopolists, some recent anti-trust decisions have articul... more In imposing a duty to deal upon lawful monopolists, some recent anti-trust decisions have articulated a theory that emphasizes the effect of the lawful monopolists' refusal to deal.' Variously identified as the "essential facility doctrine" or the "bottleneck monopoly theory," this approach gives ...

Research paper thumbnail of Federal Preemption at the Supreme Court

Introduction It has been a striking time for federal preemption at the Supreme Court. This past t... more Introduction It has been a striking time for federal preemption at the Supreme Court. This past term, the Court heard six preemption cases, deciding four in favor of federal preemption by large margins, one against preemption, and coming to a draw in the sixth case in which Chief Justice John Roberts did not participate.1 In the coming term, the Court is poised to hear two additional significant preemption cases.2

Research paper thumbnail of Unfunded Mandates Reform Act of 1995, The

Admin. L. Rev., 1997

The Unfunded Mandates Reform Act of 1995 (Act),' which passed the Senate by 91 to 9 and the ... more The Unfunded Mandates Reform Act of 1995 (Act),' which passed the Senate by 91 to 9 and the House by 394 to 28, with the enthusiastic support of ex-Govemor Clinton,2 seeks to address the problem of rising unfunded government mandates in at least two separate ways. First, ...

Research paper thumbnail of A TOOLKIT FOR CHANGE: HOW THE FEDERAL CIVIL RULES ADVISORY COMMITTEE CAN FIX A CIVIL JUSTICE SYSTEM "I N SERIOUS NEED OF REPAIR