bepress Legal Repository
Not a member yet
645042 research outputs found
Sort by
The Expansion of Medically Assisted Dying in Canada: Reforming U.S. Policy to Follow MAiD
No full textAdaptable Platforms for Platform Regulation: The Role of the Federal Trade Commission
No full textDiscussions about government oversight of large information services platforms have raised questions about the appropriate institutional framework for policy implementation. Effective regulation requires a regulatory platform that is well-informed about the commercial phenomena over which it has supervisory duties, agile and adaptable to respond to an often complex and dynamic industry environment, and able to draw upon multiple policy disciplines to formulate good solutions to observed problems. In concept, a regulatory body well suited to perform this role is the Federal Trade Commission. The Commission enjoys the advantages of having a flexible, scalable mandate, a multi-function configuration that combines competition, consumer protection, privacy, and research tools that enable it to gain the knowledge necessary to meet the analytical challenges posed by Big Tech firms. Since its creation in 1914, the Commission often has struggled to realize the full potential inherent in its institutional design. After identifying the ideal characteristics of an information platform regulator, the Article benchmarks the Commission against these traits and examines obstacles that would impede the agency’s ability to bring its nominal strengths to bear in this sector if its regulatory role were to be enhanced. The Article offers suggestions about how the agency can realize in practice the potential inherent in its institutional design
Implementing an EU pull incentive for antimicrobial innovation and access: blueprint for action
No full textIn June, 2023, the Council of the EU published a recommendation that the European Commission should contribute to the design and governance of an EU cross-country pull incentive to stimulate antimicrobial innovation and access. In this Personal View, we discuss six key considerations to support the implementation of the new pull incentive—ie, the size of the potential pull incentive and possible contributions of the member states, design of the incentive model, interplay of the new pull incentive with the proposed revisions of the EU pharmaceutical legislation, roles and responsibilities of both the EU and member states, balance between pull and push incentives, and global cooperation and responsibility. As the involvement of the member states with the EU pull incentive will be voluntary, member states should have confidence that the processes used to identify eligible antimicrobials, negotiate terms and conditions, and oversee access agreements are transparent, inclusive, and methodologically robust
Assessing Percipient.ai After Loper Bright Enterprises – Potentially a New Trajectory in Government Procurement Law
No full textIn early June 2024 the U.S. Court of Appeals for the Federal Circuit issued its decision in Percipient.ai, Inc. v. United States, 104 F.4th 839 (Fed. Cir. 2024). The Percipient decision was noteworthy primarily because it seemed at odds with established precedents regarding standing to bring a bid protest: the case recognized standing in a non-bidder that was not even a potential prime contractor. But a few weeks later the Supreme Court issued its landmark decision in Loper Bright Enterprises v. Raimondo, No. 22-451, in which the Court departed from a forty-year practice of judicial deference under Chevron v. Natural Resources Defense Council, 467 U. S. 837 (1984). Suddenly the approach taken in Percipient took on a new cast: the Percipient decision, like Loper Bright, emphasized the courts’ primacy in interpreting the law, and so Percipient may turn out to have been one of the first decisions which follows Loper Bright’s trajectory and opens new lines of challenge to agency procurement decisions, grounded in the courts’ prerogative to define what the law is