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Patient Assistance Programs and the Anti-Kickback Statute: Charting a Pathway Forward
No full textIn the US health care system, as millions of patients remain uninsured and many more experience substantial cost exposures through deductibles, coinsurance, and co-payments, some have turned to patient assistance programs for help in paying for expensive prescription drugs. Patient assistance programs provide subsidies that allow patients to meet their out-of-pocket payment obligations when filling prescriptions for expensive drugs. Although patient assistance programs are generally nonprofit entities, they often receive substantial support from pharmaceutical manufacturers. These programs work by either acquiring and providing drugs at little or no cost to patients or by providing subsidies (including coupons) that offset patient out-of-pocket costs for drugs that are reimbursed by insurers. The latter approach raises broader policy and legal questions, especially where public insurers, like Medicare, are involved
Palestinian Refugees
No full textThis Companion explores the Israeli-Palestinian conflict from its inception to the present day, demonstrating the depth and breadth of the many facets of the conflict, from the historical, political, and diplomatic to the social, economic, and pedagogical aspects. The contributions also engage with notions of objectivity and bias and the difficulties this causes when studying the conflict, in order to reflect the diversity of views and often contentious discussion surrounding this conflict.
The volume is organized around six parts, reflecting the core aspects of the conflict: historical and scholarly context of the competing narratives contemporary evolution of the conflict and its key diplomatic junctures key issues of the conflict its local dimensions international environment of the conflict the other images of the conflict, as reflected in public opinion, popular culture, the boycott, divestment and sanctions (BDS) movement, and academia and pedagogy.
Providing a comprehensive approach to the Israeli-Palestinian conflict, this companion is designed for academics, researchers, and students interested in the key issues and contemporary themes of the conflict
Introductory Note to Prosecutor v. Ratko Mladić (U.N. Int’l Residual Mechanism Crim. Tribunals App. Chamber)
Get PDFOn June 8, 2021, the UN International Residual Mechanism for Criminal Tribunals (Mechanism) Appeals Chamber delivered its appeals judgment in Prosecutor v. Ratko Mladić. The judgment affirmed the 2017 trial judgment of Trial Chamber I of the UN International Criminal Tribunal for the former Yugoslavia (ICTY), which convicted Mladić, the Bosnian Serb commander, of genocide, crimes against humanity, and war crimes during the war in Bosnia between 1992 and 1995, as well as affirming his sentence of life imprisonment. This constituted Mladić’s final appeal, opening the door for his assignment to a prison somewhere in Europe
POV: What Rights Could Unravel Next, in Light of Draft Opinion by SCOTUS Overturning Roe v. Wade
Get PDFBeyond what Alito’s draft opinion in Dobbs v. Jackson Women’s Health Organization portends for the future of abortion rights is the striking method of analysis he employs in the reported draft. Despite his many efforts to reassure that the opinion “does not undermine” other constitutional rights “in any way,” it actually outlines a roadmap for the withdrawal of other cherished constitutional rights
Red Creative: Culture and Modernity in China
No full textBook Review of Red Creative: Culture and Modernity in China. By Justin O’Connor and Xin G
Critical Race Judgments: Rewritten U.S. Court Opinions on Race and Law
No full textBy re-writing US Supreme Court opinions that implicate critical dimensions of racial justice, Critical Race Judgments demonstrates that it\u27s possible to be judge and a critical race theorist. Specific issues covered in these cases include the death penalty, employment, voting, policing, education, the environment, justice, housing, immigration, sexual orientation, segregation, and mass incarceration. While some rewritten cases – Plessy v. Ferguson (which constitutionalized Jim Crow) and Korematsu v. United States (which constitutionalized internment) – originally focused on race, many of the rewritten opinions – Lawrence v. Texas (which constitutionalized sodomy laws) and Roe v. Wade (which constitutionalized a woman\u27s right to choose) – are used to incorporate racial justice principles in novel and important ways. This work is essential for everyone who needs to understand why critical race theory must be deployed in constitutional law to uphold and advance racial justice principles that are foundational to US democracy.https://scholarship.law.bu.edu/books/1335/thumbnail.jp
POV: As a Nation, Where Are We Now on Gun Policy?
Get PDFLast month, the federal government passed the first gun safety legislation in decades, the Bipartisan Safer Communities Act, while at the same time, the Supreme Court declared a constitutional right to carry guns in public. It is important then to assess where this country finds itself with regard to gun policy after these two seemingly contrasting and momentous events
Who Benefits from Corporate Tax Cuts?: Evidence from Banks and Credit Unions around the TCJA
Get PDFThe TCJA of 2017 made large changes to the taxation of corporate and pass-through businesses in the U.S. Understanding the effects of these changes is complicated by the difficulty of finding control firms whose taxation was not altered by the Act. We study the effect of the TCJA on small and medium size banks using credit unions—which compete with these banks for deposits and in making loans—as a novel control group. Credit unions were not taxed both before and after the Act. Using a difference-in-difference framework, we find that an important fraction of the incidence of the tax cut goes to depositors. We find little evidence that employees or borrowers from banks receive a share of the tax cut in the form of higher wages or lower interest rates on loans or that banks increase their investment in fixed assets as a result of the Act
The Electoral Count Mess: The Electoral Count Act of 1887 Is Unconstitutional, and Other Fun Facts (Plus a Few Random Academic Speculations) about Counting Electoral Votes
Get PDFIn this essay, and in light of the controversy that arose in the wake of the 2020 presidential election, we explain the constitutional process for counting electoral votes. In short, every four years, the Twelfth Amendment requires the President of the Senate (usually the Vice President of the United States) to open certificates provided by state presidential electors and count the votes contained therein. The Constitution allows no role for Congress in this process, and thus the provisions of the Electoral Count Act purporting to grant Congress the power, by concurrent resolution, to reject a state\u27s electoral votes are unconstitutional. Further, the objections raised to two states\u27 electoral votes on January 6, 2021, were not proper within the terms of the Act, and therefore, even if Congress has the power specified in the Act, congressional action rejecting States\u27 electoral votes would have been contrary to law. While state executive or state judicially-ordered departures from the requirements of state election laws in presidential elections might violate the federal Constitution\u27s requirement that electors be chosen as specified by state legislatures, determining whether this has taken place is much more complicated than simply examining the language of state election statutes. We suggest that making this determination requires a careful examination of state interpretation traditions that we decline to undertake in this brief essay on the constitutional process for counting electoral votes