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2009

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How Medicare Could Get Better Prices On Prescription Drugs, Kevin Outterson Jan 2009

How Medicare Could Get Better Prices On Prescription Drugs, Kevin Outterson

Faculty Scholarship

Congress may reform drug pricing policies under Medicare Part D as part of a larger health reform effort. Currently, the "noninterference" provision prevents the government from negotiating drug prices on behalf of Medicare Part D prescription drug plans. Commonly considered reform proposals borrow ideas from Medicaid, either through returning dual eligibles to Medicaid drug pricing or by imposing mandatory rebates across the Part D population. We examine a menu of other options, including value-based pricing; expansion of generic and therapeutically equivalent substitution; increased formulary diversity; importation; and limited antitrust waivers. These latter options may reduce federal spending without direct government …

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The Cost Of Conflation: Preserving The Dualism Of Jus Ad Bellum And Jus In Bello In The Contemporary Law Of War, Robert D. Sloane Jan 2009

The Cost Of Conflation: Preserving The Dualism Of Jus Ad Bellum And Jus In Bello In The Contemporary Law Of War, Robert D. Sloane

Faculty Scholarship

Much post-9/11 scholarship asks whether modern transnational terrorist networks, the increasing availability of catastrophic weapons to nonstate actors, and other novel threats require changes to either or both of the two traditional branches of the law of war: (i) the jus ad bellum, which governs resort to war, and (ii) the jus in bello, which governs the conduct of hostilities. Scant recent work focuses on the equally vital question whether the relationship between those branches-and, in particular, the traditional axiom that insists on their analytic independence-can and should be preserved in contemporary international law. The issue has been largely neglected …

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The Shrunken Power Of The Purse, Alan L. Feld Jan 2009

The Shrunken Power Of The Purse, Alan L. Feld

Faculty Scholarship

The Constitution places control of the federal government's funds in the hands of Congress. This article examines Congress' exercise of discretion in connection with expenditures, impoundments, debt and taxation. It concludes that its actual control over the government's funds has become limited over time and makes recommendations for more robust exercise of its traditional authority.

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Supreme Court Justices, Empathy, And Social Change: A Comment On Lani Guinier's Demosprudence Through Dissent, Linda C. Mcclain Jan 2009

Supreme Court Justices, Empathy, And Social Change: A Comment On Lani Guinier's Demosprudence Through Dissent, Linda C. Mcclain

Faculty Scholarship

Justice Souter's imminent retirement from the U.S. Supreme Court provides President Obama with his first opportunity for a judicial nomination to the high court. President Obama's remarks about the relevance of life experience and of empathy are sparking discussion of relevant judicial qualifications. This Essay examines Professor Lani Guinier's recent argument that dissenting justices, particularly through the use of oral dissents, may spur ordinary people to action and that such dissents may expand the range of democratic action, as part of what she and Gerald Torres call "demosprudence." That controversial decisions by the United States Supreme Court can spur dissenting …

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A Tale Of Two Debtors: Bankruptcy Disparities By Race, Rory Van Loo Jan 2009

A Tale Of Two Debtors: Bankruptcy Disparities By Race, Rory Van Loo

Faculty Scholarship

This article offers the first quantitative evidence on race and bankruptcy. Minority debtors fare worse overall in bankruptcy — blacks are 40% and Hispanics 43% less likely than whites to receive a discharge in Chapter 13 after controlling for variables such as education, income, and employment. While the data do not allow for causal inference, Chapter 13 trustees were twice as likely to have made a motion to dismiss even against black debtors who ultimately completed their multi-year bankruptcy plans than against similar white debtors. The paper also indicates that a lack of attorney representation by minority debtors may make …

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More Than What Courts Do: Jurisprudence, Decision, And Dignity — In Brief Encounters And Global Affairs, Robert D. Sloane Jan 2009

More Than What Courts Do: Jurisprudence, Decision, And Dignity — In Brief Encounters And Global Affairs, Robert D. Sloane

Faculty Scholarship

This brief essay is the edited transcript of the author’s opening remarks for a panel on jurisprudence in international law at the conference entitled Realistic Idealism in International Law, held at Yale Law School on April 24, 2009, in honor of W. Michael Reisman. It canvasses some of the animating factors and features of the New Haven School of jurisprudence with which Reisman is identified, and it seeks to explain and clarify some of his signature contributions to the School’s methodology.

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Federalization Snowballs: The Need For National Action In Medical Malpractice Reform, Abigail Moncrieff Jan 2009

Federalization Snowballs: The Need For National Action In Medical Malpractice Reform, Abigail Moncrieff

Faculty Scholarship

Because tort law generally and healthcare regulation specifically are traditional state functions and because medical, legal, and insurance practices are highly localized, legal scholars have long believed that medical malpractice falls within the states' exclusive jurisdiction and sovereignty. Indeed, this view is so widely held that modern legal scholarship takes it for granted. Articles on general federalism issues use medical malpractice as an easy example of a policy in which federal intervention lacks functional justification, and articles that focus on federalization of other tort reforms use medical malpractice as an easy foil, pointing out that the uniformity interest that justifies …

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Justice Ginsburg's Dissent In Bush V. Gore, Hugh Baxter Jan 2009

Justice Ginsburg's Dissent In Bush V. Gore, Hugh Baxter

Faculty Scholarship

In this essay, I examine Justice Ginsburg's dissenting opinion in Bush v. Gore, the decision that ended the 2000 controversy over the winner of the presidency. I look critically at Justice Ginsburg's invocation of federalism-based deference to the Florida courts' interpretations of state election law in the recount controversy. I consider also Justice Ginsburg's criticisms of the Court's remedial decision to stop the recounts. Finally, I take up the much-debated question of how to understand Justice Ginsburg's final two words: "I dissent," rather than "I respectfully dissent." My conclusion is that the omission of "respectfully" is pointed, but not for …

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Death From The Public Domain?, Kevin Outterson Jan 2009

Death From The Public Domain?, Kevin Outterson

Faculty Scholarship

In his recent article in the Texas Law Review, Ben Roin advances the claim that pharmaceutical innovation and the public’s health are harmed by the doctrines of non-obviousness and novelty. He does not mince words, labeling the nonobvious requirement as “perversity” with a “pernicious” effect on drug development. In his view, these standards pose an insurmountable barrier for drug companies seeking to commercialize inventions already in the public domain. He claims that valuable, life-saving drug ideas languish in the public domain because the companies face high barriers to entry from the FDA, but potential free riders are encouraged through the …

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Judicial Control Of The National Labor Relations Board's Lawmaking In The Age Of Chevron And Brand X, Michael C. Harper Jan 2009

Judicial Control Of The National Labor Relations Board's Lawmaking In The Age Of Chevron And Brand X, Michael C. Harper

Faculty Scholarship

This article analyzes and applies to Labor Board decision making the Court’s oft-cited 1984 decision in Chevron U.S.A. v. Natural Resources Defense Council. The article argues that judicial review of Board decision making under Chevron, though limited, can still be sufficiently meaningful to control excessive shifts in Board lawmaking criticized by many commentators. The article explains why recent Supreme Court decisions reject any distinction between two theoretically distinct forms of agency discretionary lawmaking – (1) lawmaking through construction of the direct force of an ambiguous statute: and (2) lawmaking through the elaboration of law beyond that which is embodied in …

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American Moment[S]: When, How, And Why Did Israeli Law Faculties Come To Resemble Elite U.S. Law Schools?, Pnina Lahav Jan 2009

American Moment[S]: When, How, And Why Did Israeli Law Faculties Come To Resemble Elite U.S. Law Schools?, Pnina Lahav

Faculty Scholarship

Following independence in 1948, the Hebrew University of Jerusalem founded a law faculty and modeled it on the European example (Continental and British). Today, the Israeli law faculty is much more similar to the U.S. law school than to institutions of legal education in Europe. This Article traces the history of the changes in Israeli legal education. It argues that the shift began after 1967, faced resistance in the 1980s, and gained momentum in the 1990s. Presently we may be witnessing the beginning of a shift away from U.S. influence and back to Continental Europe or even Asia. The Article …

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Exchange And Specialisation As A Discovery Process, Sean Crockett, Vernon L. Smith, Bart J. Wilson Jan 2009

Exchange And Specialisation As A Discovery Process, Sean Crockett, Vernon L. Smith, Bart J. Wilson

Economics Faculty Articles and Research

In this article we study the performance of an economy that can support specialisation if the participants develop and follow some system of exchange. We define a closed economy in which the participants must discover the ability to exchange, implement it, and ascertain what they are comparatively advantaged in producing. Many of our participants demonstrate the ability to find comparative advantage, capture gains from trade and effectively choose production that is consistent with the choices of others. We explore various treatments to provide insight into the conditions that foster the growth of specialisation and exchange within this weak institutional framework.

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Numerical Simulations Of The Impacts Of The Saharan Air Layer On Atlantic Tropical Cyclone Development, Donglian Sun, K. M. Lau, Menas Kafatos, Z. Boybeyi, G. Leptoukh, C. Yang, Ruixin Yang Jan 2009

Numerical Simulations Of The Impacts Of The Saharan Air Layer On Atlantic Tropical Cyclone Development, Donglian Sun, K. M. Lau, Menas Kafatos, Z. Boybeyi, G. Leptoukh, C. Yang, Ruixin Yang

Mathematics, Physics, and Computer Science Faculty Articles and Research

In this study, the role of the Saharan air layer (SAL) is investigated in the development and intensification of tropical cyclones (TCs) via modifying environmental stability and moisture, using multisensor satellite data, long-term TC track and intensity records, dust data, and numerical simulations with a state-of-the-art Weather Research and Forecasting model (WRF). The long-term relationship between dust and Atlantic TC activity shows that dust aerosols are negatively associated with hurricane activity in the Atlantic basin, especially with the major hurricanes in the western Atlantic region. Numerical simulations with the WRF for specific cases during the NASA African Monsoon Multidisciplinary Analyses …

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Melting Of Major Glaciers In The Western Himalayas: Evidence Of Climatic Changes From Long Term Msu Derived Tropospheric Temperature Trend (1979-2008), Anup K. Prasad, Keun-Hang Susan Yang, Hesham El-Askary, Menas Kafatos Jan 2009

Melting Of Major Glaciers In The Western Himalayas: Evidence Of Climatic Changes From Long Term Msu Derived Tropospheric Temperature Trend (1979-2008), Anup K. Prasad, Keun-Hang Susan Yang, Hesham El-Askary, Menas Kafatos

Mathematics, Physics, and Computer Science Faculty Articles and Research

Global warming or the increase of the surface and atmospheric temperatures of the Earth, is increasingly discernible in the polar, sub-polar and major land glacial areas. The Himalayan and Tibetan Plateau Glaciers, which are the largest glaciers outside of the Polar regions, are showing a large-scale decrease of snow cover and an extensive glacial retreat. These glaciers such as Siachen and Gangotri are a major water resource for Asia as they feed major rivers such as the Indus, Ganga and Brahmaputra. Due to scarcity of ground measuring stations, the long-term observations of atmospheric temperatures acquired from the Microwave Sounding Unit …

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The Potential Of The Synergistic Use Of Passive And Active Remote Sensing Measurements For The Validation Of A Regional Dust Model, V. Amiridis, Menas Kafatos, M. Perez, S. Kazadzis, E. Gerasopoulos, R. E. Mamouri, A. Papayannis, P. Kokkalis, E. Giannakaki, S. Basart, I. Daglis, C S. Zerefos Jan 2009

The Potential Of The Synergistic Use Of Passive And Active Remote Sensing Measurements For The Validation Of A Regional Dust Model, V. Amiridis, Menas Kafatos, M. Perez, S. Kazadzis, E. Gerasopoulos, R. E. Mamouri, A. Papayannis, P. Kokkalis, E. Giannakaki, S. Basart, I. Daglis, C S. Zerefos

Mathematics, Physics, and Computer Science Faculty Articles and Research

A long-lasting Saharan dust event affected Europe on 18–23 May 2008. Dust was present in the free troposphere over Greece, in height ranges between the surface and approximately 4–5 km above sea level. The event was monitored by ground-based CIMEL sunphotometric and multi-wavelength combined backscatter/Raman lidar measurements over Athens, Greece. The dust event had the maximum of its intensity on 20 May. Three-dimensional dust spatial distribution over Greece on that day is presented through satellite synergy of passive and active remote sensing using MODIS and CALIPSO data, respectively. For the period under study, the ground-based measurements are used to characterize …

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Recordkeeping Alters Economic History By Promoting Reciprocity, Sudipta Basu, John Dickhaut, Gary Hecht, Kristy Towry, Gregory Waymire Jan 2009

Recordkeeping Alters Economic History By Promoting Reciprocity, Sudipta Basu, John Dickhaut, Gary Hecht, Kristy Towry, Gregory Waymire

ESI Publications

We experimentally demonstrate a causal link between recordkeeping and reciprocal exchange. Recordkeeping improves memory of past interactions in a complex exchange environment, which promotes reputation formation and decision coordination. Economies with recordkeeping exhibit a beneficially altered economic history where the risks of exchanging with strangers are substantially lessened. Our findings are consistent with prior assertions that complex and extensive reciprocity requires sophisticated memory to store information on past transactions. We offer insights on this research by scientifically demonstrating that reciprocity can be facilitated by information storage external to the brain. This is consistent with the archaeological record, which suggests that …

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A Neuroeconomic Theory Of The Decision Process, John Dickhaut, Aldo Rustichini, Vernon L. Smith Jan 2009

A Neuroeconomic Theory Of The Decision Process, John Dickhaut, Aldo Rustichini, Vernon L. Smith

ESI Publications

We develop a neuronal theory of the choice process (NTCP), which takes a subject from the moment in which two options are presented to the selection of one of the two. The theory is based on an optimal signal detection, which generalizes the signal detection theory by adding the choice of effort as optimal choice for a given informational value of the signal for every effort level and a cost of effort. NTCP predicts the choice made as a stochastic choice: That is, as a probability distribution over two options in a set, the level of effort provided, the error …

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The Commonly-Used Dna Probe For Diffusely-Adherent Escherichia Coli Cross-Reacts With A Subset Of Enteroaggregative E. Coli., A. M. Snelling, Louissa R. Macfarlane-Smith, Jonathan N. Fletcher, Iruka N. Okeke Jan 2009

The Commonly-Used Dna Probe For Diffusely-Adherent Escherichia Coli Cross-Reacts With A Subset Of Enteroaggregative E. Coli., A. M. Snelling, Louissa R. Macfarlane-Smith, Jonathan N. Fletcher, Iruka N. Okeke

Biology Faculty Scholarship

No abstract provided.

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Civil Liability And Mandatory Disclosure, Merritt B. Fox Jan 2009

Civil Liability And Mandatory Disclosure, Merritt B. Fox

Faculty Scholarship

This Article explores the efficient design of civil liability for mandatory securities disclosure violations by established issuers. An issuer not publicly offering securities at the time of a violation should have no liability. Its annual filings should be signed by an external certifier – an investment bank or other well-capitalized entity with financial expertise. If the filing contains a material misstatement and the certifier fails to do due diligence, the certifier should face measured liability. Officers and directors should face similar liability, capped relative to their compensation but with no indemnification or insurance allowed. Damages should be payable to the …

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Rictor/Torc2 Regulates Fat Metabolism, Feeding, Growth And Life Span In C. Elegans, Alexander A. Soukas, Elizabeth A. Kane, Christopher E. Carr, Justine Melo, Gary Ruvkun Jan 2009

Rictor/Torc2 Regulates Fat Metabolism, Feeding, Growth And Life Span In C. Elegans, Alexander A. Soukas, Elizabeth A. Kane, Christopher E. Carr, Justine Melo, Gary Ruvkun

Biology Faculty Scholarship

Rictor is a component of the target of rapamycin complex 2 (TORC2). While TORC2 has been implicated in insulin and other growth factor signaling pathways, the key inputs and outputs of this kinase complex remain unknown. We identified mutations in the Caenorhabditis elegans homolog of rictor in a forward genetic screen for increased body fat. Despite high body fat, rictor mutants are developmentally delayed, small in body size, lay an attenuated brood, and are short-lived, indicating that Rictor plays a critical role in appropriately partitioning calories between long-term energy stores and vital organismal processes. Rictor is also necessary to maintain …

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Lou Lowenstein: An Enduring Legacy, David M. Schizer Jan 2009

Lou Lowenstein: An Enduring Legacy, David M. Schizer

Faculty Scholarship

It was inspiring to know Lou Lowenstein, and a great privilege to have him as a colleague, mentor, and friend. Lou was proof of the idea that there is no necessary correlation between excellence and ego, and that the highest of achievers can be the sweetest and most decent of people. Lou's intellect and character were the gold standard. He had a brilliant analytical mind, exceptionally good judgment, a tireless work ethic, and ironclad integrity. He was forceful when he needed to be, but only when he needed to be. Lou had a warm and generous spirit, always cheerful, attentive, …

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Constitution On Ice: A Report On Immigration Home Raid Operations, Bess Chiu, Lynly Egyes, Peter L. Markowitz, Jaya Vasandani Jan 2009

Constitution On Ice: A Report On Immigration Home Raid Operations, Bess Chiu, Lynly Egyes, Peter L. Markowitz, Jaya Vasandani

Articles

No abstract provided.

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Revealing Choices: Using Taxpayer Choice To Target Tax Enforcement, Alex Raskolnikov Jan 2009

Revealing Choices: Using Taxpayer Choice To Target Tax Enforcement, Alex Raskolnikov

Faculty Scholarship

People pay their taxes for many different reasons. Some choose to game the system, paying only when the cost of noncompliance outweighs its benefits. Others comply out of habit, a sense of duty or reciprocity, a desire to avoid feelings of guilt or shame, and for many other reasons. Our tax enforcement system has ignored this variety of taxpaying motivations for decades. It continues to rely primarily on audits and penalties, at least where information reporting and withholding are impossible. Fines and audits deter those rationally playing the tax compliance game, but are wasteful or even counterproductive when applied to …

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The Link, Vol 3, No. 1, January 2009, Illinois State University, Center For Integrated Professional Development Jan 2009

The Link, Vol 3, No. 1, January 2009, Illinois State University, Center For Integrated Professional Development

The Link

Newsletter for the Illinois State University Center for Integrated Professional Development

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Transport Of Dust And Anthropogenic Aerosols Across Alexandria, Egypt, Hesham El-Askary, R. Farouk, C. Ichoku, Menas Kafatos Jan 2009

Transport Of Dust And Anthropogenic Aerosols Across Alexandria, Egypt, Hesham El-Askary, R. Farouk, C. Ichoku, Menas Kafatos

Mathematics, Physics, and Computer Science Faculty Articles and Research

The flow of pollutants from Europe and desert dust to Europe from the Sahara desert both affects the air quality of the coastal regions of Egypt. As such, measurements from both ground and satellite observations assume great importance to ascertain the conditions and flow affecting the Nile Delta and the large city of Alexandria. We note that special weather conditions prevailing in the Mediterranean Sea result in a westerly wind flow pattern during spring and from North to South during the summer. Such flow patterns transport dust-loaded and polluted air masses from the Sahara desert and Europe, respectively, through Alexandria, …

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Enhanced Pre-Monsoon Warming Over The Himalayan-Gangetic Region From 1979-2007, Ritesh Gautam, N. C. Hsu, K. M. Lau, S.-C. Tsay, Menas Kafatos Jan 2009

Enhanced Pre-Monsoon Warming Over The Himalayan-Gangetic Region From 1979-2007, Ritesh Gautam, N. C. Hsu, K. M. Lau, S.-C. Tsay, Menas Kafatos

Mathematics, Physics, and Computer Science Faculty Articles and Research

Fundamental to the onset of the Indian Summer Monsoon is the land-sea thermal gradient from the Indian Ocean to the Himalayas-Tibetan Plateau (HTP). The timing of the onset is strongly controlled by the meridional tropospheric temperature gradient due to the rapid premonsoon heating of the HTP compared to the relatively cooler Indian Ocean. Analysis of tropospheric temperatures from the longest available record of microwave satellite measurements reveals widespread warming over the Himalayan-Gangetic region and consequent strengthening of the land-sea thermal gradient. This trend is most pronounced in the pre-monsoon season, resulting in a warming of 2.7 C in the 29-year …

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Inter-Continental Transport Of Dust And Pollution Aerosols Across Alexandria, Egypt, Hesham El-Askary, R. Farouk, C. Ichoku, Menas Kafatos Jan 2009

Inter-Continental Transport Of Dust And Pollution Aerosols Across Alexandria, Egypt, Hesham El-Askary, R. Farouk, C. Ichoku, Menas Kafatos

Mathematics, Physics, and Computer Science Faculty Articles and Research

The flow of pollutants from Europe and desert dust to Europe from the Sahara desert both affects the air quality of the coastal regions of Egypt. As such, measurements from both ground and satellite observations assume great importance to ascertain the conditions and flow affecting the Nile Delta and the large city of Alexandria. We note that special weather conditions prevailing in the Mediterranean Sea result in a westerly wind flow pattern during spring and from North to South during the summer. Such flow patterns transport dust-loaded and polluted air masses from the Sahara desert and Europe, respectively, through Alexandria, …

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Anarchy, Groups, And Conflict: An Experiment On The Emergence Of Protective Associations, Adam C. Smith, David B. Skarbek, Bart J. Wilson Jan 2009

Anarchy, Groups, And Conflict: An Experiment On The Emergence Of Protective Associations, Adam C. Smith, David B. Skarbek, Bart J. Wilson

ESI Working Papers

In this paper, we investigate the implications of the philosophical considerations presented in Nozick’s Anarchy, State, and Utopia, by examining group formation in a laboratory setting where subjects engage in both cooperative and conflictual interactions. We endow participants with a commodity used to generate earnings, plunder others, or protect against plunder. In our primary treatment, we allow participants to form groups to pool their resources. We conduct a baseline comparison treatment that does not allow group formation. We find that allowing subjects to organize themselves into groups does not lead to more cooperation and may in fact exacerbate tendencies for …

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Secondary Human Rights Law, Monica Hakimi Jan 2009

Secondary Human Rights Law, Monica Hakimi

Faculty Scholarship

In recent years, the United States has appeared before four different treaty bodies to defend its human rights record. The process is part of the human rights enforcement structure: each of the major universal treaties has an expert body that reviews and comments on compliance reports that states must periodically submit. What's striking about the treaty bodies' dialogues with the United States is not that they criticized it or disagreed with it on the content of certain substantive rules. (That was all expected.) It's the extent to which the two sides talked past each other. Each presumed a different set …

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On The Origins Of Originalism, Jamal Greene Jan 2009

On The Origins Of Originalism, Jamal Greene

Faculty Scholarship

For all its proponents' claims of its necessity as a means of constraining judges, originalism is remarkably unpopular outside the United States. Recommended responses to judicial activism in other countries more typically take the form of minimalism or textualism. This Article considers why. Ifocus particular attention on the political and constitutional histories of Canada and Australia, nations that, like the United States, have well-established traditions of judicial enforcement of a written constitution, and that share with the United States a common law adjudicative norm, but whose political and legal cultures less readily assimilate judicial restraint to constitutional historicism. I offer …

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