Digital Commons Network^™

Designing Disruption In Pharmaceuticals, Robin C. Feldman

Faculty Scholarship

Antitrust is atomistic: deliberately focused on trees, not forests. It pays attention to the consequences of individual acts alleged to be anticompetitive. That focus is misplaced. Companies and markets don't focus on one particular act to the exclusion of all else. Business strategy em­ phasizes holistic, integrated planning. And market outcomes aren't determined by a single act, but by the result of multiple acts by multiple parties in the overall context of the structure and character­ istics of the market. The atomistic nature of modern antitrust law causes it to miss two important classes of potential competitive harms. First, the …

Combination Therapy Patents: A New Front In Evergreening, Garth W. Strohbehn, Alec J. Kacew, Daniel A. Goldstein, Robin C. Feldman, Mark J. Ratain

Faculty Scholarship

No abstract provided.

Technology And Litigation: The 21st Century American Experience, Richard L. Marcus

Faculty Scholarship

No abstract provided.

Us State-Level Legal Interventions Related To Covid-19 Vaccine Mandates, Breanna Fernandes, Mark Christopher Navin, Dorit Rubinstein Reiss, Saad B. Omer, Katie Attwell

Faculty Scholarship

No abstract provided.

The Political (Mis)Representation Of Immigrants On The Census, Ming Hsu Chen

Faculty Scholarship

Who is a member of the political community? What barriers to inclusion do immi- grants face as outsiders to this political community? This article describes several barriers facing immigrants that impede their political belonging. It critiques these barriers not on the basis of immigrants’ rights but based on their rights as current and future members of the political community. This is the second of two Essays. The first Essay focused on voting restrictions impacting Asian American and Latino voters. The second Essay focuses on challenges to including immigrants, Asian Americans, and Latinos in the 2020 Census. Together, the Essays critique …

School Police Reform: A Public Health Imperative, Thalia Gonzalez, Emma Kaeser

Faculty Scholarship

Out of the twin pandemics currently gripping the United States—deaths of unarmed Black victims at the hands of police and racialized health inequities resulting from COVID- 19—an antiracist health equity agenda has emerged that identifies racism as a public health crisis. Likewise, calls for reform of school policing by those advocating for civil rights, racial justice, and Black Lives Matter have simultaneously intensified. Yet each remains siloed, despite the natural connection and implicit overlap between these separate movements and debates. Indeed, there are documented negative health effects of school policing for Black, Indigenous, people of color (BIPOC) youth. But these …

Restorative Justice, School Reopenings And Educational Equity: A Contemporary Mapping And Analysis Of State Law, Thalia Gonzalez, Rebecca Epstein, Claire Krelitz, Rhea Shinde

Faculty Scholarship

The opportunity to use restorative justice practices to address structural inequalities and reimagine school structures has become increasingly important in the wake of twin social and public health pandemics. As research-based restorative practices continue to grow across the country with the aim of fostering supportive, safe, and anti-racist learning environments, calls to codify school-based restorative justice are spreading. Despite the prevalence of on-the-ground practices since the 1990s and a growing evidence base for school-based restorative practices, there is little understanding of the effect of the legalization of restorative justice on individual- or school-level outcomes. This study is the first analysis …

Race, School Policing, And Public Health, Thalia Gonzalez

Faculty Scholarship

The ever-growing list of names of Black victims who have died at the hands ofpolice has emboldened a new public narrative that frames police violence—and other more commonplace, though less lethal, disparate policing practices—as a public health crisis rooted in this country’s history of racism and anti-Blackness. This public narrative in turn has spawned a diverse set of responsive actions in both the public and private sectors directed at addressing the effects of individual and structural racism on health. Yet missing from this linkage between police violence and racialized health disparities is any focus on the educational system, despite the …

Prescription-Drug Policing: The Right To Health Information Privacy Pre-And Post-Carpenter, Jennifer D. Oliva

Faculty Scholarship

This Article operates at the intersection of privacy law, Fourth Amendment doctrine, and prescription-drug surveillance instigated by the U.S. drug-overdose crisis. Reputable reporting sources frequently frame that ongoing crisis as a prescription-drug-overdose “epidemic.” Current epidemiological data, however, indicate that the majority of American overdose deaths are now a result of illicit and polysubstance drug use and not prescription-opioid misuse. The prescription-opioid- centric frame has nonetheless sparked the rapid rise of surveillance of prescribers and patients in the form of state prescription-drug monitoring program (“PDMP”) databases. State PDMPs, which maintain and analyze significant data concerning every dispensed controlled substance, surreptitiously collect …

Retheorizing Progressive Taxation, Manoj Viswanathan

Faculty Scholarship

Progressively taxing consumption has much normative appeal, but pre­ vious legal scholarship has incorrectly assumed that directly accounting for the expenditures of individual taxpayers is administratively infeasible. Changes in consumer spending and advances in technology require revisiting this assumption. This article proposes a novel framework through which an individual accounting progressive consumption tax (IAPCT) can be imple­ mented and establishes the IAPCT's superiority to previously proposed forms of progressive consumption taxation. IAPCT advantages include a significant reduction in tax filing costs, improved enforcement, and the immediate de­ ployment of place-based tax policy.

Time Enough For Counting: A Unicorn Retrospective, Abraham Cable

Faculty Scholarship

No abstract provided.

Evolution Or Revolution In Telehealth Regulation, George Horvath

Faculty Scholarship

No abstract provided.

"I Would If Only I Could": How California Cities Can Use State Law To Overcome Neighborhood Resistance To New Housing, Christopher S. Elmendorf, Eric Biber, Paavo Monkkonen, Moira O’Neill

Faculty Scholarship

No abstract provided.

Experimental? It Doesn't Mean What You Think It Means, Dorit Rubenstein Reiss, Arthur J. Caplan

Faculty Scholarship

No abstract provided.

Procedures For The Enforcement Of New York Convention Awards, George A. Bermann

Faculty Scholarship

Article III of the New York Convention expresses the Contracting States’ core obligation under the Convention, namely the obligation to enforce Convention awards, absent a basis in the Convention for declining to do so. At the same time, the Convention drafters chose not to prescribe the manner in which such enforcement should take place. Article III expressly reserved the matter to the law of the place where enforcement under the Convention is sought.

Enforcement was to be achieved “in accordance with the rules of procedure of the territory where the award is relied upon.” The only limitations on the freedom …

Fedaccounts: Digital Dollars, John Crawford, Lev Menand, Morgan Ricks

Faculty Scholarship

We are entering a new monetary era. Central banks around the world – spurred by the development of privately controlled digital currencies as well as competition from other central banks – have been studying, building, and, in some cases, issuing central bank digital currency (“CBDC”).

Although digital fiat currency is one of the hottest topics in macroeconomics and central banking today, the discussion has largely overlooked the most straightforward and appealing strategy for implementing a U.S. dollar-based CBDC: expanding access to bank accounts that the Federal Reserve already offers to a small, favored set of clients. These accounts consist of …

Experiential Leadership: Teaching Collaboration Through A Shared Leadership Model, Paul Radvany

Faculty Scholarship

No abstract provided.

Race, Property, And Citizenship, Eleanor M. Brown, June Carbone

Faculty Scholarship

The racial wealth gap is stunning. The net worth of an average white family is nearly ten times greater than that of an African-American family. A 2017 Report finds that, for African-Americans, today’s economy is an extractive one; if existing trends continue, the median African-American family will have a net worth of zero by the middle of the twenty-first century. This article examines these trends in terms of the relationship between race, property, and citizenship. American democracy has long celebrated economic independence as a desired element of citizenship, forging reciprocal bonds between state efforts to promote and protect property ownership …

Are You Ready For Some Football? Estimating The Effect Of American Football Season On Labor Supply In The United States, Luke Petach, Dustin Rumbaugh

Faculty Scholarship

American football season reduces the Monday labor hours of employed men by two-thirds of an hour. A similar effect is found for Friday labor hours. We term these effects the “hangover effect” and “happy hour effect.” Consistent with a wide class of labor market models, the labor supply effect varies over the business cycle, increasing in expansions. The hangover effect implies an intertemporal elasticity of labor supply on the order of 0.014. Evaluated at the median hourly wage, our estimates imply an annual economic cost of foregone earnings associated with football season in the neighborhood of $5.06 billion.

Antibacterial R & D At A Crossroads: We’Ve Pushed As Hard As We Can...Now We Need To Start Pulling!, John H. Rex, Kevin Outterson

Faculty Scholarship

In this issue of Clinical Infectious Diseases, Dheman et al [1] present an analysis by experts at the US Food and Drug Administration (FDA) of trends in antibacterial clinical development over the past 4 decades. By turns instructive and disturbing, this 40-year perspective provides insight into the impact of efforts to restore the antibacterial pipeline.

As a preview, the key messages from Dheman et al are all bad news for public health: (1) the number of new antibacterials in clinical development is (again) falling, (2) the risk of failure is rising, (3) the speed of clinical development …

Tribute To Doug Rendleman, Victoria Sahani

Faculty Scholarship

Part of a compilation of tributes to Professor Doug Rendleman.

Improving The Credibility Of Empirical Legal Research: Practical Suggestions For Researchers, Journals, And Law Schools, Jason Chin, Alexander Dehaven, Tobias Heycke, Alexander Holcombe, David Mellor, Justin Pickett, Crystal Steltenpohl, Simine Vazire, Kathryn Zeiler

Faculty Scholarship

Fields closely related to empirical legal research are enhancing their methods to improve the credibility of their findings. This includes making data, analysis code, and other materials openly available, and preregistering studies. Empirical legal research appears to be lagging behind other fields. This may be due, in part, to a lack of meta-research and guidance on empirical legal studies. The authors seek to fill that gap by evaluating some indicators of credibility in empirical legal research, including a review of guidelines at legal journals. They then provide both general recommendations for researchers, and more specific recommendations aimed at three commonly …

Paying Americans To Take The Vaccine - Would It Help Or Backfire?, Christopher Robertson, Daniel Scheitrum, K. Aleks Schaefer, Trey Malone, Brandon R. Mcfadden, Kent D. Messer, Paul J. Ferraro

Faculty Scholarship

This research investigates the extent to which financial incentives (conditional cash transfers) would induce Americans to opt for vaccination against COVID-19. We performed a randomized survey experiment with a representative sample of 1,000 American adults in December 2020. Respondents were asked whether they would opt for vaccination under one of three incentive conditions ($1,000, $1,500, or $2,000 financial incentive) or a no-incentive condition. We find that—without coupled financial incentives—only 58% of survey respondents would elect for vaccination. A coupled financial incentive yields an 8-percentage-point increase in vaccine uptake relative to this baseline. The size of the cash transfer does not …

The Color Line: A Review And Reflection For Antiracist Scholars, Jasmine Gonzales Rose

Faculty Scholarship

In The Color Line: A Short Introduction, David Lyons provides a valuable service to students and academics in law, social sciences, and humanities by providing a concise history of the development and maintenance of race and racial order through law, policy, and discrimination in the United States. Lyons effectively outlines how race and racism were developed through these mechanisms in an effort to facilitate and maintain white supremacy.

Litigation As Education: The Role Of Public Health To Prevent Weaponizing Second Amendment Rights, Michael Ulrich

Faculty Scholarship

Tobacco litigation was unquestionably successful, but it is dangerous to expect that it can be easily duplicated. An unrealistic reliance on litigation as a regulatory measure can blind public health advocates to other mechanisms of change. And that includes litigation as a means of enabling actual regulation. Firearms and the gun violence epidemic provides a useful case study. The Protection of Lawful Commerce in Arms Act (PLCAA) essentially bars litigation as a regulatory tool for firearms. This legislation means every time someone pulls the trigger, they become the party to blame. Soto v. Bushmaster Firearms presents a rare exception based …

Understanding University Fee Litigation: A Few Lessons About The Perils Of Imprudence For Higher Ed Plan Sponsors, Maria O'Brien, Calvin Utter

Faculty Scholarship

Beginning in August 2016, a series of class action lawsuits were filed on behalf of participants and beneficiaries of 403(b) employee retirement plans sponsored by major American colleges and universities. These plans are regulated by the 1974 Employee Retirement Income Security Act (“ERISA”), which sets minimum standards to protect the participants and beneficiaries of voluntarily established retirement and health plans. The allegations in the several lawsuits have centered primarily around breaches of fiduciary duties by those charged with administering the plan.

These cases are all class action lawsuits brought on behalf of the participants and beneficiaries of the plans in …

A Cross-Cutting Public Law Scholar For The Ages, Nicole Huberfeld

Faculty Scholarship

Thanks to Fred Shapiro’s labor, we can see that the under-fifty category of most-cited legal scholars better represents the lawyering population than the all-time rankings of legal scholars, as it has more modern and diverse scholarship, and it has a higher percentage of women than the all-time rankings of legal scholars. Anyone who knows Professor Abbe Gluck’s work cannot be surprised that she is included among the most-cited scholars under the age of fifty. ¹ Abbe is a force of nature, a brilliant legal mind with a diabolical work ethic. Even if she ceased publishing today, her scholarly legacy would …

A Duty Of Loyalty For Privacy Law, Neil M. Richards, Woodrow Hartzog

Faculty Scholarship

Data privacy law fails to stop companies from engaging in self-serving, opportunistic behavior at the expense of those who trust them with their data. This is a problem. Modern tech companies are so entrenched in our lives and have so much control over what we see and click that the self-dealing exploitation of people has become a major element of the internet’s business model.

Academics and policymakers have recently proposed a possible solution: require those entrusted with people’s data and online experiences to be loyal to those who trust them. But many have concerns about a duty of loyalty. What, …

Metaphors Of International Law, Harlan G. Cohen

Faculty Scholarship

This chapter explores international law in search of its hidden and not-so-hidden metaphors. In so doing, it discovers a world inhabited by states, where rules are mined or picked when ripe, where trade keeps boats forever afloat on rising tides. But is also unveils a world in which voices are silenced, inequality is ignored, and hands are washed of responsibility.

International law is built on metaphors. Metaphors provide a language to describe and convey the law’s operation, help international lawyers identify legal subjects and categorize situations in doctrinal categories, and provide normative justifications for the law. Exploring their operation at …

Selecting Representative And Qualified Candidates For President: Proposals To Reform Presidential Primaries, Daisy De Wolff, Ben Kremnitzer, Samara Perlman, Gabriella Weick

Faculty Scholarship

The presidential primary processes used by the two major parties misses opportunities to engage voters and incorporate their input in selecting nominees. This report advances several reforms to make the primaries more inclusive, including reordering the primary calendar to give voters in more states a meaningful voice, eliminating caucuses, and opening primaries to independent voters. Additionally, the political parties should make primary debates more informative and limit party leaders’ opportunities to have disproportionate input in selecting presidential candidates