Issue Archives

The Conflict Between the FDA’s Pre-Launch Activities Importation Request Program and the Hatch-Waxman Act

The Conflict Between the FDA’s Pre-Launch Activities Importation Request Program and the Hatch-Waxman Act

by Alex Cheng and Matthew Avery   –   In 2008, the Food and Drug Administration (FDA) implemented the Pre-Launch Activities Importation Request (PLAIR) program.  The FDA exercises its enforcement discretion under the guise of the PLAIR program to permit drug manufacturers to import unapproved … Read More

by Alex Cheng and Matthew Avery   –   In 2008, the Food and Drug Administration (FDA) implemented the Pre-Launch Activities Importation Request (PLAIR) program.  The FDA exercises its enforcement discretion under the guise of the PLAIR program to permit drug manufacturers to import unapproved … Read more

An Insight into the Apparel Industry’s Patent Troll Problem

An Insight into the Apparel Industry’s Patent Troll Problem

by Ashli Weiss   –   Patent trolls have increasingly targeted the end users of patent-encumbered technology rather than suing the companies that created the allegedly infringing products themselves. Apparel companies provide a useful example of the predicament faced by a variety of similarly … Read More

by Ashli Weiss   –   Patent trolls have increasingly targeted the end users of patent-encumbered technology rather than suing the companies that created the allegedly infringing products themselves. Apparel companies provide a useful example of the predicament faced by a variety of similarly … Read more

Mental Health Parity: The Patient Protection and Affordable Care Act and the Parity Definition Implications

Mental Health Parity: The Patient Protection and Affordable Care Act and the Parity Definition Implications

by Suann Kessler   –   At least twenty-eight percent of American adults suffer from a mental or addictive disorder.  However, even today, health insurance coverage for mental health services differs drastically from that of other medical services.  Nonetheless, although it has yet to achieve … Read More

by Suann Kessler   –   At least twenty-eight percent of American adults suffer from a mental or addictive disorder.  However, even today, health insurance coverage for mental health services differs drastically from that of other medical services.  Nonetheless, although it has yet to achieve … Read more

Normative Avoision: Revising the Copyright Alert System to Circumvent Normative Backlash

Normative Avoision: Revising the Copyright Alert System to Circumvent Normative Backlash

by Timothy L. Yim    Content rightsholders in the film and music industries previously spearheaded a legal campaign that, though highly successful in the courts, has resulted in significant normative backlash and overall has been counterproductive to their intended goal of increased copyright … Read More

by Timothy L. Yim    Content rightsholders in the film and music industries previously spearheaded a legal campaign that, though highly successful in the courts, has resulted in significant normative backlash and overall has been counterproductive to their intended goal of increased copyright … Read more

What Can Medicine Teach the Social Sciences?

What Can Medicine Teach the Social Sciences?

by Lee McIntyre     In a field as slow to change as the law, it is often helpful to inject fresh perspectives from other disciplines.  As different as legal analysis might be from that found in the medical and social sciences, they are all ultimately concerned with the pursuit of objectivity. … Read More

by Lee McIntyre     In a field as slow to change as the law, it is often helpful to inject fresh perspectives from other disciplines.  As different as legal analysis might be from that found in the medical and social sciences, they are all ultimately concerned with the pursuit of objectivity. … Read more

The E-Books Price Fixing Litigation: Curious Outlier or Harbinger of Change in Antitrust Enforcement Policy?

The E-Books Price Fixing Litigation: Curious Outlier or Harbinger of Change in Antitrust Enforcement Policy?

by Evan D. Brewer     In 2012 the Department of Justice brought suit against Apple and five major US publishing houses for conspiring to fix the price of e-books.  The complaint contained many detailed factual allegations, including the sort of high-level executive collusion commonly seen in … Read More

by Evan D. Brewer     In 2012 the Department of Justice brought suit against Apple and five major US publishing houses for conspiring to fix the price of e-books.  The complaint contained many detailed factual allegations, including the sort of high-level executive collusion commonly seen in … Read more

Three-Parent IVF and Its Effect on Parental Rights

Three-Parent IVF and Its Effect on Parental Rights

by Padmini Cheruvu     Three-parent in vitro fertilization (“IVF”) is a controversial procedure that offers the possibility of preventing the inheritance of genetically caused mitochondrial disease, sparing future generations from a range of incapacitating conditions.  Due to the use of a … Read More

by Padmini Cheruvu     Three-parent in vitro fertilization (“IVF”) is a controversial procedure that offers the possibility of preventing the inheritance of genetically caused mitochondrial disease, sparing future generations from a range of incapacitating conditions.  Due to the use of a … Read more