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Curb Your Enthusiasm For Pigouvian Taxes, Victor Fleischer 2014 SelectedWorks

Curb Your Enthusiasm For Pigouvian Taxes, Victor Fleischer

Victor Fleischer

Pigouvian (or "corrective") taxes have been proposed or enacted on dozens of products and activities that may be harmful in excess: carbon, gasoline, fat, sugar, guns, cigarettes, alcohol, traffic, zoning, executive pay, and financial transactions, among others. Academics of all political stripes are mystified by the public’s inability to see the merits of using Pigouvian taxes more frequently to address serious social harms.

This enthusiasm for Pigouvian taxes should be tempered. A Pigouvian tax is easy to design—as a uniform excise tax—if one assumes that each individual causes the same amount of harm with each incremental increase ...


The Eleventh Circuit Creates Uncertainty By Applying The Rule Of Lenity In United States V. Izurieta, Catherine DiVita 2014 Boston College Law School

The Eleventh Circuit Creates Uncertainty By Applying The Rule Of Lenity In United States V. Izurieta, Catherine Divita

Boston College Law Review

On February 22, 2013, in United States v. Izurieta, the U.S. Court of Appeals for the Eleventh Circuit found 18 U.S.C. § 545—a federal statute criminalizing the importation of goods “contrary to law”—ambiguous as to whether it criminalizes violations of a regulation and, as a result, applied the rule of lenity. In reaching this conclusion, the court rejected approaches espoused by two split circuits, instead examining whether the regulation appears civil or criminal in nature. To avoid this type of uncertainty, this Comment argues that courts should instead apply the rule of lenity consistently based on ...


The Drug Shortage Crisis: What Happens When Generic Manufacturers "Just Say No", Stacey B. Lee 2014 SelectedWorks

The Drug Shortage Crisis: What Happens When Generic Manufacturers "Just Say No", Stacey B. Lee

Stacey B. Lee

In the past five years, the number of drug shortages in the United States has nearly quintupled. The majority of shortages involve generic sterile injectables used to fight infectious diseases and treat cancer. These complex drugs are produced in a concentrated market consisting of only a few generic manufacturers. Any disruption in their supply can result in shortages that leave patients without access to life-saving drugs which in some cases are the only treatment for their condition. These chronic shortages have been linked to many possible factors including product quality concerns, discontinuation of product lines, changes in supply and demand ...


The Controlled Substance Act: Time To Reevaluate Marijuana, Matthew B. Hodroff 2014 SelectedWorks

The Controlled Substance Act: Time To Reevaluate Marijuana, Matthew B. Hodroff

Matthew B Hodroff

Marijuana is classified as a Schedule I substance according to the Federal Government’s Controlled Substance Act. This means it has no medicinal uses, a high likelihood for abuse, and there is a lack of safety for use of the drug under medical supervision. With new information proving otherwise, opinions for medicinal and recreational use changing, and states and federal governments’ relaxing laws and attitudes towards marijuana, it may be time for a reevaluation under the current guidelines provided by the federal government



The Smokable Goods Tax: Crafting A Constitutional Marijuana Tax, Nima H. Mohebbi, Samuel T. Greenberg 2014 SelectedWorks

The Smokable Goods Tax: Crafting A Constitutional Marijuana Tax, Nima H. Mohebbi, Samuel T. Greenberg

Nima H. Mohebbi

Marijuana legalization and decriminalization has become a hot policy issue. Roughly twenty U.S. states have partially legalized marijuana (generally for medicinal purposes) and two states – Colorado and Washington – have legalized it for general adult recreational use. Given the likely hyper-growth of the cannabis market in view of the possible wide-scale legalization of marijuana, states might enjoy a potential budgetary windfalls from marijuana excise taxes.

Marijuana, however, remains a federally controlled substance, the sale or use of which is subject to substantial penalties. For the states, this presents a potential problem in collecting excise taxes on marijuana – namely, if an ...


A Cost-Benefit Analysis Of Sugary Drink Regulation In New York City, Shi-Ling Hsu 2014 SelectedWorks

A Cost-Benefit Analysis Of Sugary Drink Regulation In New York City, Shi-Ling Hsu

Shi-Ling Hsu

New York City Mayor Bill de Blasio, who has been critical of the administration of his predecessor, Michael Bloomberg, has nevertheless committed to carry forward one Bloomberg initiative: the citywide size restriction on sales of "sugary drinks," or most commonly, sodas. The "Portion Cap Rule" would have prohibited the sale of sugary drinks in containers exceeding 16 ounces, but is currently enjoined from taking effect and awaits a ruling from the New York State Court of Appeal. The Portion Cap Rule was motivated by public health concerns, and the growing obesity problem that stems in part from the overconsumption of ...


Veganism As A Nontraditional Religion: First Amendment Protection For Employees And Prisoners?, Alexandra B. Rhodes 2014 SelectedWorks

Veganism As A Nontraditional Religion: First Amendment Protection For Employees And Prisoners?, Alexandra B. Rhodes

Alexandra B. Rhodes

Scholars disagree over the definition of religion for purposes of First Amendment protection. Accordingly, this Comment analyzes First Amendment protection of nontraditional religions, as it applies to the controversial claim that Veganism is a faith. The piece is timely, relevant, and addresses an interesting and hot topic which is sure to spark debate regarding the definition of religion.

The piece proceeds in three Parts. Part I describes the historical background, and the difficulty, of defining religion for the purposes of the First Amendment. It also analyzes case law relevant to nontraditional religions in various settings, like the classroom or in ...


Why Do Cities Innovate In Public Health? Implications Of Scale And Structure, Paul Diller 2014 SelectedWorks

Why Do Cities Innovate In Public Health? Implications Of Scale And Structure, Paul Diller

Paul Diller

Big cities have frequently enacted public health regulations—especially with respect to tobacco use and obesity—that go beyond the state and federal regulatory floors. That cities innovate in public health at all is remarkable. They have less to gain financially from more stringent regulation than higher levels of government, which shoulder more of the burden of Medicare and Medicaid. Cities are supposed to fear mobile capital flight; if they regulate, businesses will leave. Moreover, because innovation is costly and likely to be copied by others when successful, a free-rider problem might inhibit local policy innovation generally.

Cities’ prolific regulation ...


Pride And Profit: Geographical Indications As Regional Development Tools In Australia, William Van Caenegem, Jen A. Cleary, Peter Drahos 2014 Southern Cross University

Pride And Profit: Geographical Indications As Regional Development Tools In Australia, William Van Caenegem, Jen A. Cleary, Peter Drahos

Journal of Economic and Social Policy

Geographical Indications (GIs) are intellectual property rights in placenames that evoke the typical qualities of agricultural products and foodstuffs that originate in particular districts. Presently, the EU is the dominant holder of protected GIs and the EU asserts that they are used extensively and effectively in EU countries as a rural and regional development tool. To date, Australia's response to GIs has largely been driven by perceptions of their impact upon trade gains and losses. Currently, Australia only has legal protection for wine-related GI's because of an agreement with the EU.

Given an increased focus on GIs internationally ...


Actavis, The Reverse Payment Fallacy, And The Continuing Need For Regulatory Solutions, Daniel A. Crane 2014 University of Michigan Law School

Actavis, The Reverse Payment Fallacy, And The Continuing Need For Regulatory Solutions, Daniel A. Crane

Articles

The Actavis decision punted more than it decided. Although narrowing the range of possible outcomes by rejecting the legal rules at the extremes and opting for a rule of reason middle ground, the opinion failed to grapple with the most challenging issues of regulatory policy raised by pharmaceutical patent settlements. In particular, it failed to clearly delineate the social costs of permitting and disallowing patent settlements, avoided grappling with the crucial issues of patent validity and infringement, and erroneously focused on “reverse payments” as a distinctive antitrust problem when equally or more anticompetitive settlements can be crafted without reverse payments ...


Private Parties And The Ffdca: How Creative Litigants Have Circumvented Section 310 And Undermined The Nlea’S Express Preemption Amendments, Joe Dages 2014 The Catholic University of America, Columbus School of Law

Private Parties And The Ffdca: How Creative Litigants Have Circumvented Section 310 And Undermined The Nlea’S Express Preemption Amendments, Joe Dages

Catholic University Law Review

No abstract provided.


Combatting Reproductive Oppression: Why Reproductive Justice Cannot Stop At The Species Border, Marya Torrez 2014 SelectedWorks

Combatting Reproductive Oppression: Why Reproductive Justice Cannot Stop At The Species Border, Marya Torrez

Marya Torrez

No abstract provided.


The Tobacco Diaries: Lessons Learned And Applied To Regulation Of Dietary Supplements, Joanna K. Sax 2013 University of Maryland Francis King Carey School of Law

The Tobacco Diaries: Lessons Learned And Applied To Regulation Of Dietary Supplements, Joanna K. Sax

Endnotes

No abstract provided.


The Tobacco Diaries: Lessons Learned And Applied To Regulation Of Dietary Supplements, Joanna K. Sax 2013 California Western School of Law

The Tobacco Diaries: Lessons Learned And Applied To Regulation Of Dietary Supplements, Joanna K. Sax

Faculty Scholarship

This Article examines the future role of the FDA in the regulation of the dietary supplement industry. To address the role of the FDA in the twenty-first century with respect to the dietary supplement industry, Part I of this Article begins by describing the dietary supplement industry and the role of the FDA in this industry. In Part II, this Article provides a brief exposé of the tactics used by the tobacco industry to evade regulation. The purpose of Part II is to provide insight into the tobacco industry’s ability to manipulate consumers and discount scientific proof of the ...


Brand Name Or Generic? A Case Note On Caraco Pharmaceutical Laboratories V. Novo Nordisck , Michael Vincent Ruocco 2013 Pepperdine University

Brand Name Or Generic? A Case Note On Caraco Pharmaceutical Laboratories V. Novo Nordisck , Michael Vincent Ruocco

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


How Behavioral Economics Trims Its Sails And Why, Ryan Bubb, Richard Pildes 2013 NELLCO

How Behavioral Economics Trims Its Sails And Why, Ryan Bubb, Richard Pildes

New York University Law and Economics Working Papers

This article argues that the preference of behavioral law and economics (BLE) for regulatory approaches that preserve “freedom of choice” has led to incomplete policy analysis and ineffective policy. BLE has been broadly regarded as among the most promising new developments in public policymaking theory and practice. As social science, BLE offers hope that better understanding of actual human behavior will provide a sounder foundation for the design of regulation. As politics, BLE offers a possible political consensus built around minimalist forms of government action commonly known as nudges that preserve freedom of choice. But these two seductive dimensions of ...


"Rfra Exemptions From The Contraception Mandate: An Unconstitutional Accommodation Of Religion", Frederick Mark Gedicks, Rebecca G. Van Tassell 2013 SelectedWorks

"Rfra Exemptions From The Contraception Mandate: An Unconstitutional Accommodation Of Religion", Frederick Mark Gedicks, Rebecca G. Van Tassell

Frederick Mark Gedicks

Litigation surrounding use of the Religious Freedom Restoration Act to exempt employers from the Affordable Care Act’s “contraception mandate” is moving steadily towards eventual resolution in the U.S. Supreme Court. Both opponents and supporters of the mandate, however, have overlooked Establishment Clause limits on such exemptions.

The fiery religious-liberty rhetoric surrounding the mandate has obscured that RFRA is a “permissive” rather than “mandatory” accommodation of religion—that is, a voluntary government concession to religious belief and practice that is not required by the Free Exercise Clause. Permissive accommodations must satisfy Establishment Clause constraints, notably the requirement that the ...


Where Babies And Death-Row Inmates Intersect: Is Arbitrary Agency Decision-Making Supported Under Existing Law?, Lisa C. Blanton BS., MJ. 2013 SelectedWorks

Where Babies And Death-Row Inmates Intersect: Is Arbitrary Agency Decision-Making Supported Under Existing Law?, Lisa C. Blanton Bs., Mj.

Lisa C. Blanton BS., MJ.

The Food and Drug Administration (FDA) is the executive branch regulatory agency primarily responsible for protecting the nation’s drug products.[1] The FDA recently made highly inconsistent decisions surrounding a new drug for the prevention of pre-term birth, Makena™ (hydroxyprogesterone caproate). During a lengthy approval process, FDA made laudatory public announcements and demonstrated high programmatic preference to expedite approval of Makena by assigning orphan status[2] and granting accelerated “fast-track” approval time-frames.[3] Despite these actions, within weeks of the approval, the FDA issued aggressive public statements against the product’s efficacy and safety and made supportive comments about ...


Pharmaceutical Efficacy: The Illusory Legal Standard , Jonathan J. Darrow 2013 Washington and Lee University School of Law

Pharmaceutical Efficacy: The Illusory Legal Standard , Jonathan J. Darrow

Washington and Lee Law Review

The very long and expensive process of new drug research and development might suggest to observers that the efficacy standard for drugs is elevated and substantial, but this is not the case. Under the U.S. Federal Food, Drug, and Co smetic Act, new drug approval merely requires that there be “substantial evidence that the drug will have the effect it purports or is represented to have.” While the evidence of effectiveness must therefore be substantial, the efficacy attested to by that evidence need not surpass any particular threshold (other than zero), thus allowing drugs with de minimis efficacy to ...


After Caronia: First Amendment Concerns In Off-Label Promotion, Stephanie Greene 2013 SelectedWorks

After Caronia: First Amendment Concerns In Off-Label Promotion, Stephanie Greene

Stephanie Greene

After Caronia: First Amendment Concerns in Off-Label Promotion

by

Stephanie M. Greene*

Abstract

The government has successfully prosecuted pharmaceutical companies for off-label promotion of drugs, maintaining that such promotion impermissibly undermines the FDA’s pre-market approval process and jeopardizes the public health. In several recent cases, however, pharmaceutical companies have alleged that regulations prohibiting such promotion are unconstitutional because off-label promotion is protected under the First Amendment. Two recent Supreme Court cases contain language that gives broad protection to advertising and marketing in the pharmaceutical field. This paper questions the reach of these cases as applied to the practice of ...


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