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Regulation Of Lobster Bait Alternatives In New England, Victoria Rosa, Read Porter
Regulation Of Lobster Bait Alternatives In New England, Victoria Rosa, Read Porter
Sea Grant Law Fellow Publications
No abstract provided.
Oy Canada! Trade's Non-Solution To "The Problem" Of U.S. Drug Prices, Daniel Gilman
Oy Canada! Trade's Non-Solution To "The Problem" Of U.S. Drug Prices, Daniel Gilman
Faculty Scholarship
Price disparities—price “differentiation” or “discrimination”—in pharmaceuticals markets have, in recent years, been the subject of much discussion. Price sensitivity should come as no surprise: Medicines play an increasingly important role in healthcare, while pharmaceuticals prices continue to rise. When prices vary greatly within markets or between neighboring markets, the pressure towards arbitrage is clear. This paper considers the question whether the re-importation of medicines from Canada or the EU is well advised and argues that it is not. First, we might reasonably question the extent to which we wish, as a matter of policy, to manage pharmaceuticals pricing; among other …
Lochner, Liquor, And Longshoremen: A Puzzle In Progressive Era Federalism, Barry Cushman
Lochner, Liquor, And Longshoremen: A Puzzle In Progressive Era Federalism, Barry Cushman
Journal Articles
In 1890, the Supreme Court shocked and thrilled the civilized world with the announcement that dry states could not prohibit the sale of liquor shipped in from outside the state. So long as the out-of-state goods remained in their "original packages," the Court held they retained their character as interstate commerce subject only to federal regulation. The consequences for the cause of local sobriety were, predictably, catastrophic. The proliferation in temperance territory of "original package saloons," at which one could purchase liquor free from the superintendence of local liquor authorities, was appalling to dry eyes. Members of Congress immediately proposed …
How To Think About The Federal Commerce Power And Incidentally Rewrite United States V. Lopez, Donald H. Regan
How To Think About The Federal Commerce Power And Incidentally Rewrite United States V. Lopez, Donald H. Regan
Articles
Almost sixty years after the "revolution" of 1937, we still do not have an adequate theory of the commerce power. The Court was right to abandon the theory of dual federalism epitomized by Carter v. Carter Coal Co.;' and it has got the right results in the major cases decided since then. But our post-1937 theory, whether before or after Lopez, is a mess. On the one hand, we have a collection of doctrinal rules that, if we take them seriously, allow Congress to do anything it wants under the commerce power. On the other hand, we continue to pay …
Armco Inc. V. Hardesty, Lewis F. Powell, Jr.
Armco Inc. V. Hardesty, Lewis F. Powell, Jr.
Supreme Court Case Files
No abstract provided.
Book Review. A Declaration Of Legal Faith By Wiley Rutledge, Fowler V. Harper
Book Review. A Declaration Of Legal Faith By Wiley Rutledge, Fowler V. Harper
Articles by Maurer Faculty
No abstract provided.
Constitutional Law - Commerce Clause -- Agricultural Adjustment Act Of 1938, Hugh Evander Willis
Constitutional Law - Commerce Clause -- Agricultural Adjustment Act Of 1938, Hugh Evander Willis
Articles by Maurer Faculty
No abstract provided.
State Taxation Of Interstate Commerce, And Federal And State Taxation In Intergovernmental Relations -- 1932-1935, Robert C. Brown
State Taxation Of Interstate Commerce, And Federal And State Taxation In Intergovernmental Relations -- 1932-1935, Robert C. Brown
Articles by Maurer Faculty
No abstract provided.