7300 research outputs found
Sort by
Unraveling the Puzzle of High Drug Prices in the United States: A Systemic Analysis and Policy Implications of March-In Rights
Get PDFThe United States, often perceived as a global beacon of power and prosperity, grapples with a paradoxical reality concerning its healthcare system and drug prices. Despite its stature, the nation’s healthcare landscape is marred by exorbitant pharmaceutical costs, raising concerns among policymakers and families alike. This paper delves into the complex web of factors contributing to the abundance of high drug prices in the United States, shedding light on the role of pharmaceutical companies and the dynamics of patent protection, and analysis the newly released March-in Rights framework created by the Biden-Harris Administration. But is the framework enough to truly lower drug prices? Unlikely
Modernizing the Medical Malpractice Standard of Care
Get PDFThe standard of care for health care providers proposed by section 5 of the Restatement of the Law Third, Torts: Medical Malpractice marks a fundamental shift in the American Law Institute\u27s position on professional tort liability. According to both conventional wisdom and prior Restatement provisions, the standard of care for physicians is determined by their customary practices. Professionals alone are given the unique privilege to set their own legal standard of care. However, the proposed section 5 departs from this position. Instead, reasonable care for health care providers is defined as conduct regarded as competent by medical peers. Customary practices are relevant but do not bind the jury.
In reality, the step taken by section 5 is much less radical than the hornbooks and legal encyclopedias would suggest. Many states have already abandoned the custom-based standard of care, and others ignore it in practice. As a result, the law in action already resembles the provisions of the new Restatement. I strongly endorse this new definition.
This paper is divided into three parts. Part II explains and defends the new definition of the medical malpractice standard of care. Part III describes the evidence that juries can responsibly handle their responsibility to apply this standard. Part IV discusses the recent debate in the American Law Institute (ALI) about the proposed language
Balancing Discretion and Fairness: The Potential Pitfalls of Allowing Judges Too Much Discretion in Sentencing
Get PDFNearly eighty percent of individuals in federal prison for drug offenses are Black or Latino. The War on Drugs, a global campaign started by President Nixon, had an objectively moral goal: reducing the illegal drug trade in the United States. However, in reality, the results of the campaign sparked inequalities in sentencing regimes, which has led to a disproportionate incarceration of minority groups. Most notably, there was a 100-to-1 sentencing disparity between crimes involving crack cocaine (crack) and crimes involving powder cocaine. While this distinction historically claimed to address the theory that powder cocaine has more dangerous health effects; it was instead a notorious façade for incarcerating Black Americans and other minority groups at higher rates than non-minority groups. Although legislative efforts sought to address this disparity after studies disproved the original justifications for the differences in sentences, the racial divide remains
ZF AUTOMOTIVE V. LUXSHARE: THE SUPREME COURT’S NEW GLOSS ON 28 U.S. CODE § 1782 AND WHAT IT MEANS FOR INTERNATIONAL COMMERCIAL ARBITRATION
Get PDFThe federal statute 28 U.S.C. § 1782 (“Section 1782”) allows litigants in foreign proceedings to obtain discovery in the United States, under the broad US discovery rules, for use in such proceedings. Although Section 1782’s use by parties to foreign proceedings has been expanding, there was a split in authority regarding whether the statute was broad enough to permit United States’ courts to authorize discovery for use in private arbitration proceedings overseas
WHY REMOVING INSTITUTIONAL DISCRETION AND APPLYING RESTORATIVE JUSTICE TO MEDIATION COULD PROVE BENEFICIAL TO TITLE IX DISPUTE RESOLUTION
Get PDFUniversity students have often voiced concern that their institution did not do enough in addressing sexual assaults on campus. There is a perception among students and potential victims that there is a culture of ignoring and underreacting to sexual violence on campus. As many as one in five female undergraduate students experience sexual violence during college, but few feel confident enough to report it
Wanted!: Fourth Amendment Protection for St. Louis Residents from the Unconstitutional Wanteds System
Get PDFBack in the days of Jesse James, Billy the Kid, and Butch Cassidy, wanted posters were plastered all around town: “Wanted! $5,000 Reward!” Law enforcement agencies still utilize wanted posters today, but they appear more commonly on the internet or in the media rather than in classic paper form with bold lettering and a black-and-white portrait of the suspect that is associated with Western films. The purpose of such wanted “posters” or other similar investigatory tools is to facilitate capture by involving the public and communicate the agency’s priorities by showing the public which individuals and crimes are a top priority. Law enforcement officers in St. Louis County also use a database called the “Wanteds System” as a tool for identifying suspects they want to bring into custody and question. The Wanteds System allows individual officers to input demographic and investigatory information of a person into the database, and then the database transmits the record to law enforcement officers in St. Louis County and surrounding counties in Missouri and Illinois. The record, known as the “Wanted,” prompts any other officer to seize, arrest, and conduct a custodial interrogation of the suspect, all without an official warrant from a judge. Unlike a publicly displayed wanted poster, the Wanteds are accessible only to law enforcement agencies. Furthermore, a suspect can remain in the database for a period of time, such as a few months, or potentially indefinitely, all without the opportunity to challenge the Wanted or to request they be removed from the system
Recruiting the Right Candidate
Get PDFThe market for hiring a law librarian has changed significantly over the last few years. Those on both sides of the equation are a little uncertain about the whole process, wondering when the job search should start, how much to expect in pay, and what aspects of a position are up for discussion. The challenge of a limited pipeline of law librarians requires new approaches to recruiting
Legal Issues in Reconciling Data Protection, AI, and Cybersecurity under EU Law
Get PDFThis Paper focuses on certain legal responsibilities under European Union (“EU”) law for companies that provide cybersecurity services, by examining the intersection of data protection (privacy), cybersecurity, and artificial intelligence (“AI”). This Paper explores these issues in the context of a hypothetical cybersecurity company known as “ACME Cyber Sentinel” providing services to a hypothetical client named “TechGuard.” In four scenarios, this Paper explores ACME Cyber Sentinel: (1) providing cybersecurity service to TechGuard; (2) gathering and processing data from multiple clients to analyze potential cybersecurity threats; (3) training, evaluating, and deploying AI cybersecurity tools; and (4) using these AI cybersecurity tools to provide the cybersecurity services to TechGuard. Each of these scenarios includes two variations. The first variation examines when the two companies are both based in the EU, with no processing taking place outside the EU; the second variation envisions that ACME Cyber Sentinel is based outside of the EU, so that data flows to a different jurisdiction. This Paper also analyzes legal principles from the EU General Data Protection Regulation (“GDPR”) and EU regulation establishing harmonized rules on AI (“EU AI Act”) in the context of the main purposes for which cybersecurity companies use personal data—to provide cybersecurity services to protect the personal data of the client company and to maintain state-of-the-art cybersecurity services and tools (such as identifying new cybersecurity threats or training the algorithms used in these cybersecurity tools). This Paper concludes with the finding that EU-based businesses can enter into contracts with cybersecurity companies to protect EU data with state-of-the-art cybersecurity services and tools, but it is more difficult to locate a lawful basis for using EU data to identify new cybersecurity threats or to train new machine learning, AI and other cybersecurity tools. To conclude, it is clear that further clarification from EU decisionmakers would help define whether and how access to personal data will be lawful for cybersecurity purposes
HELPING LAW STUDENTS DEFINE AND PURSUE SUCCESS
Get PDFThis post collects prior posts about how to help law students define and pursue professional success