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Social Welfare Law

Faculty Articles and Papers

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Non-Per Se Treatment Of Buyer Price-Fixing In Intellectual Property Settings, Hillary Greene Jan 2011

Non-Per Se Treatment Of Buyer Price-Fixing In Intellectual Property Settings, Hillary Greene

Faculty Articles and Papers

The ability of intellectual property owners to earn monopoly rents and the inability of horizontal competitors to price fix legally are two propositions that are often taken as givens. This article challenges the wholesale adoption of either proposition within the context of buyer price-fixing in intellectual property markets. More specifically, it examines antitrust law’s role in protecting patent holders’ rents through its condemnation of otherwise ostensibly efficient buyer price fixing. Using basic economic analysis, this article refines the legal standards applicable at this point of intersection between antitrust and patent law. In particular, the author recommends the limited abandonment of …


Readability, Contracts Of Recurring Use, And The Problem Of Ex Post Judicial Governance Of Health Insurance Polices, John Aloysius Cogan, Jr. Jan 2010

Readability, Contracts Of Recurring Use, And The Problem Of Ex Post Judicial Governance Of Health Insurance Polices, John Aloysius Cogan, Jr.

Faculty Articles and Papers

While the rhetoric surrounding the passage of the Patient Protection and Affordable Care Act focused on core issues such as cost, quality, and access to care, the dialog rarely acknowledged a key problem-the fact that most Americans do not understand their health insurance. Simply put, consumers do not fully grasp their health insurance coverage because the jargon found in many health insurance contracts is impenetrable to most Americans. This is disconcerting because consumer-oriented information is central to our increasingly consumer-directed health care system. Consumers are expected to make cost-effective choices among the array of health insurance plans that may be …


Efficiency, Morality, And Rights: The Significance Of Cleaning Up, Thomas Morawetz Apr 1987

Efficiency, Morality, And Rights: The Significance Of Cleaning Up, Thomas Morawetz

Faculty Articles and Papers

No abstract provided.