Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Health Law and Policy

Journal

2004

Antitrust

Articles 1 - 2 of 2

Full-Text Articles in Law

In Search Of The Golden Years: How Compulsory Licensing Can Lower The Price Of Prescription Drugs For Millions Of Senior Citizens In The United States, Debjani Roy Jan 2004

In Search Of The Golden Years: How Compulsory Licensing Can Lower The Price Of Prescription Drugs For Millions Of Senior Citizens In The United States, Debjani Roy

Cleveland State Law Review

This article will show that compulsory licensing is the best remedy for the escalating cost of prescription drugs in the United States. Section II will provide a historical overview of American pharmaceutical patent law and will introduce the concept of compulsory licensing as a method to decrease the high cost of prescription drugs for senior citizens in the United States. Section III will look at the newly enacted Medicare Prescription Drug and Modernization Act, and state and local government plans to import cheaper brand-name prescription drugs from Canada. Section IV will look at the United States' international support for compulsory …


School Voucher Programs: Has The Supreme Court Pulled Up The Gangplank To Establishment Clause Challenges., Cecil C. Kuhne Iii Jan 2004

School Voucher Programs: Has The Supreme Court Pulled Up The Gangplank To Establishment Clause Challenges., Cecil C. Kuhne Iii

St. Mary's Law Journal

The Establishment Clause is not violated when a program is neutral toward religion and provides assistance directly to a broad class of citizens, who in turn voluntarily direct the aid to religious schools. A program containing these features permits government aid to reach religious institutions only thru the deliberate choices of individuals. Any incidental advancement or endorsement of religion is attributable to the individual recipient—not the government, which simply acts as a disburser. In Zelman v. Simmons-Harris, the Supreme Court reiterated this rationale from a twenty-year line of cases. Zelman is a death knell for Establishment Clause challenges to carefully …