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Hospital Mergers: The Symptoms of Anticompetitive Consolidation & A Routine Checkup on the Horizontal Merger Guidelines
Get PDFIn 2021, President Biden issued an executive order that addressed the negative implications of market concentration within the healthcare industry. Specifically, President Biden called for the revision of the Horizontal and Vertical Merger Guidelines to enact antitrust safeguards that limit unchecked hospital mergers and promote competition. This Article delves into the role of the healthcare sector in the U.S. economy and how the current state of hospital mergers limits competition and, thus, the quality of care available to patients. Further, this Article studies U.S. federal regulations, case law, and merger retrospectives to uncover pitfalls within the current Horizontal Merger Guidelines. In conclusion, this Article proposes adding hospital-specific language and more context for merger efficiencies to the guidelines as a remedy for its current anticompetitive consequences
Operation Nation-Building: How International Humanitarian Law Left Afghanistan Open on the Operating Table
Get PDFMilitary campaigns often carry with them official names and underpinning objectives. In Afghanistan, these campaigns were known as Operation Enduring Freedom in 2001, and later, in 2015, as Operation Freedom Sentinel. In total, the United States and its allies remained in Afghan territory for 7,268 days, twenty years, in support of the “Global War on Terror.” Within that time, the democratic construction of a “free” Afghan society—also known as nation-building, regime change, or transformative military occupation—deeply transformed the status quo of the population. To the West, “Operation Nation-Building” became the most strategic and “hopeful alternative to the vision of the extremists.” Fast forward in 2021, however, this enterprise seemed to have failed entirely, for these very “extremists”—the Taliban—retook power immediately upon military withdrawal. Today, Afghanistan is facing an unprecedented humanitarian crisis with a very real risk of systemic collapse and hu- man catastrophe—thereby reversing what many considered twenty years of societal gains, especially in regard to women’s rights.
As a legal backdrop to this forever war, International Humanitarian Law (“IHL”) and Human Rights Law complementarily attempted to protect civilians and ensure human dignity. This Note will solely focus on IHL. Indeed, by assuming that endings of “occupations” remain conducts that occur during war, the scope of this Note falls well within jus in bello considerations. Accordingly, this Note does not assess the legitimacy of the war itself (jus ad bellum), nor does it suggest precise guidelines on how to terminate war (jus post bellum)—although it might shed light on the manner in which these guidelines should be considered.
Without debating over the legitimacy and legality of nation- building within the framework of IHL, this Note stands for the proposition that foreseeably disastrous endings of nation-building enterprises, once identified, should trigger an additional legal duty under IHL—one of reasonable care— toward the population that is about to be left behind. To back up this logic, this Note will take a hard look at hard law— mainly the Fourth Geneva Convention—and discuss legal vacuums along the way
\u3cem\u3eDetinue\u3c/em\u3e and \u3cem\u3eReplevin\u3c/em\u3e: Arresting Children to Enforce Private Parenting Orders in New Zealand Family Court
Get PDFThis Article argues that the seizures of children authorized by the New Zealand Care of Children Act to enforce private custody orders are unlawful and unjustifiable arrests. These seizures lack in either the substantive limitations of necessity or the procedural protections that should attach to such an intrusive and violent restriction on children’s liberty. It argues that their issuance violates children’s rights under the New Zealand Bill of Rights Act 1990 and international human rights law. It canvasses the history of these arrest provisions and argues that they function as a mechanism for detinue and replevin of children, harkening back to a time when children’s status under the law was that of chattel. It documents how these arrest warrants have increasingly played a central role in the broader problem of the use of Family Court processes by family violence perpetrators to extend their coercive control over their victims and argues that these warrants have become a tool of social entrapment for victims
Standing up to Hackers: Article III Standing for Victims of Data Breaches
Get PDFDespite the increasing amount of data breaches, there is no liability for parties who do not adequately protect victim’s information. In federal court, plaintiffs must show that their injury was concrete, particularized, and imminent. But, when plaintiffs’ information has been stolen, but not yet criminally used, they may be unable to establish a right to relief. Victims face challenges when seeking damage for this future harm, because despite their destroyed privacy, they may not have evidence of a perpetrator’s actual misuse of purloined data. This Article analyzes multiple court decisions, generally in the setting of class-actions, and discusses outcomes of data breach litigation. It then considers whether some courts have embraced an overly restrictive view of standing in these cases