Digital Commons Network^™

Perverse Incentives: Why Everyone Prefers High Drug Prices -- Except For Those Who Pay The Bills, Robin C. Feldman

Faculty Scholarship

Health care spending rarely follows an ordinary, rational model. Yet even in that context, prescription drug prices are rising at a puzzling rate. What is causing the phenomenon? Quite simply, incentives percolating throughout the prescription drug market push players toward higher prices. At the center lies the highly secretive and concentrated Pharmacy Benefit Manager (PBM) industry middle players who negotiate between drug companies and health insurers by arranging for rebates and establishing coverage levels for patients. Contracts between drug companies and the middle players are closely guarded secrets. The PBM customers, including Medicare, private insurers, and even their auditors, generally …

Does Trados Matter?, Abraham Cable

Faculty Scholarship

No abstract provided.

Naked Price And Pharmaceutical Trade Secret Overreach, Robin C. Feldman, Charles Graves

Faculty Scholarship

Trade secret has drifted from a quiet backwater doctrine to a pervasive force in intellectual property. As always, the risk of distortion is great when a legal arena is developing and expanding rapidly. Nowhere do the theoretical tensions of trade secret law appear in such stark relief as in the modern pharmaceutical debates, where the heart of the theoretical question involves whether pricing is a proper subject for trade secrecy claims.

We aim to bring trade secret into greater harmony with broad concepts that reach across all intellectual property regimes. As with other areas of intellectual property law, trade secret …

The Politics Of Regulatory Enforcement And Compliance: Theorizing And Operationalizing Political Influences, Jodi L. Short

Faculty Scholarship

There is broad consensus in the literature on regulatory enforcement and compliance that politics matters. However, there is little scholarly convergence on what politics is or rigorous theorization and empirical testing of how politics matters. Many enforcement and compliance studies omit political variables altogether. Among those that address political influences on regulatory outcomes, politics has been defined in myriad ways and, too often, left undefined. Even when political constructs are explicitly operationalized, the mechanisms by which they influence regulatory outcomes are thinly hypothesized or simply ignored. If politics is truly as important to enforcement and compliance outcomes as everyone in …

The Cancer Curse: Regulatory Failure By Success, Robin C. Feldman

Faculty Scholarship

Since the turn of the millennium, a series of regulatory decisions—unrelated in time and design—has shifted the focus of the pharmaceutical industry toward cancer research and treatment. Regulation, of course, is designed to drive public and private behavior, but the sum of these regulatory actions is driving behavior well beyond governmental design. This phenomenon represents a peculiar form of regulatory failure that cannot be sufficiently explained without contemplating a new form of regulatory failure—failure by success.

As with any great epic tale, the modern saga is full of celebrities and drama, framed by truly heart-wrenching stories. However, with 89 percent …

Viral Licensing: Ensuring The Public Interest When Taxpayers Fund Pharmaceutical Research, Robin C. Feldman, Betty Chang Rowe, Rabiah Oral

Faculty Scholarship

In recent years, the nation's drug development and delivery system has loomed in the forefront of pressing policy concerns. This piece suggests a relatively simple pathway that could provide opportunities for progress with aspects of the problem. Through the addition of a few choice provisions in their licensing agreements, research universities could improve consumer choices and access to the drugs developed with their government-funded research. Looking at the entire drug development system, universities play a complex set of roles. They are both the keepers of the academic flame and the stewards of public money. Beyond that, universities also may benefit …

An Unappreciated Constraint On The President's Pardon Power, Aaron J. Rappaport

Faculty Scholarship

Most commentators assume that, except for the few restrictions expressly mentioned in the U.S. Constitution, the President's pardon power is unlimited. This Paper suggests that this common view is mistaken in at least one unexpected way. Presidential pardons must satisfy a modest procedural rule: they must list the specific crimes covered by the pardon. The "specificity requirement" means that vague and broadly worded pardons are invalid. This claim bears a significant burden of persuasion, since it runs so counter to accepted opinion. Nonetheless, that burden can be met. This Paper's argument rests on an originalist understanding of the constitutional text, …

An Aye Aye For An Aye Aye: Making Biodiversity Offsets Sustainable, David Takacs

Faculty Scholarship

No abstract provided.

The Covid-19 Vaccine Dilemma, Dorit R. Reiss

Faculty Scholarship

COVID-19 continues to lead to large numbers of deaths, harms, and financial costs. Without an effective vaccine, those will continue. The pressure to find a vaccine is high; and that pressure places a risk on the safeguards in place to assure that vaccines are safe and effective will be ignored. The United States has an extensive apparatus to oversee vaccine safety before and after licensing, including multiple federal committees and several monitoring systems, and that apparatus gave us, in 2020, an extraordinarily safe vaccine supply. This Article explains the different pressures that push for and against using the same apparatus …

Institutionalizing The Centers For Disease Control And Prevention's Independence, Dorit R. Reiss

Faculty Scholarship

The United States' response to the COVID-19 pandemic was sub­ optimal. One problem in it was the politicization of the public health response. One aspect of that politicization was aggressive political intervention in the Centers for Disease Control and Prevention ( CDC) efforts to provide guidance and help pandemic response. The concern was strong enough that four previous CDC Directors, in an unusual step, published an op-ed calling out political intervention in the CDC. This article proposes two changes to strengthen the CDC's institutional independence: codifying the CDC's role in preventing diseases and reducing harms in a statute, and restructuring …

Digging The Rabbit Hole, Covid-19 Edition: Anti-Vaccine Themes And The Discourse Around Covid-19, Tara C. Smith, Dorit R. Reiss

Faculty Scholarship

This article draws on a broadcast popular among the anti-vaccine community to map out six themes used by the broadcast to mislead viewers about COVID-19. The themes are the claim that “they” e government and pharma e are lying to you, claims that COVID-19 is an excuse to remove civil liberties, viewing everyone as an expert, claiming that science cannot save us, skewing the science, and a claim that “they” are out to harm the viewers. The article points out that similar themes are used to mislead followers with anti-vaccine information. It highlights the concern that these themes will not …

How Congress Can Help Raise Vaccine Rates, Dorit R. Reiss, Y. Tony Yang

Faculty Scholarship

2019 saw an unusually high number of measles cases, and other preventable disease outbreaks, at least in part linked to vaccines refusal. States are considering legislative responses. This Essay examines what role the federal government can fill in increasing vaccines rates. The Essay suggests that the federal government has an important role to fill in funding research, coordination, and local efforts. It also suggests that a federal school vaccine mandate is likely not the solution: first, such mandates can run into plausible constitutional challenges, and second, there are policy arguments against it. The policy contentions include the unfairness of imposing …

Progressive Punitivism: Notes On The Use Of Punitive Social Control To Advance Social Justice Ends, Hadar Aviram

Faculty Scholarship

No abstract provided.

Moral Character: Making Sense Of The Experiences Of Bar Applicants With Criminal Records, Hadar Aviram

Faculty Scholarship

No abstract provided.

Tax Macs: A Study Of M&A Termination Rights Triggered By Material Adverse Changes In Tax Law, Heather M. Field

Faculty Scholarship

A "Tax MAC" provision-one that triggers termination or other rights upon a material adverse change in tax law-can be crucial to a business deal if a change in tax law would change a party's interest in consummating the deal, particularly at the specified price and on the articulated terms. Tax MAC provisions may be particularly important when taxpayers make busi­ness decisions in a political climate like today's, when tax laws could change again, perhaps dramatically, if control of Congress and the White House changes. Yet little has been written about Tax MAC provisions. In response, I studied Tax MAC provisions …

Bankruptcy Hardball, Jared A. Ellias, Robert J. Stark

Faculty Scholarship

On the eve of the financial crisis, a series of Delaware court decisions resulted in a radical change in law: creditors would no longer have the kind of common law protections from opportunism that helped protect their bargains for the better part of two centuries. In this Article, we argue that Delaware’s shift materially altered the way large firms approach financial distress, which is now characterized by a level of chaos and rent-seeking unchecked by norms that formerly restrained managerial opportunism. We refer to the new status quo as “bankruptcy hardball.” It is now routine for distressed firms to engage …

The Zooming Of Federal Civil Litigation, Scott Dodson, Lee Rosenthal, Christopher Dodson

Faculty Scholarship

No abstract provided.

The Time Politics Of Home-Based Digital Piecework, Veena B. Dubal

Faculty Scholarship

No abstract provided.

Citizenship Denied: Implications Of The Naturalization Backlog For Noncitizens In Military, Ming Hsu Chen

Faculty Scholarship

The immigration system is in crisis. Long lines of asylum seekers at the border and immigrants in the interior spend years waiting for their day in immigration court. This is true in the agencies that process appli- cations for immigration benefits from legal immigrants as well. Since 2016, delays in naturalization have increased to historic proportions. The problem is even worse for military naturalizations, where delays are ac- companied by denials and overall declines in military naturalizations. It is the latest front in the battle on legal migration and citizenship. These impediments to citizenship demonstrate an extreme form of policies …

The State Of Restorative Justice In American Criminal Law, Thalia Gonzalez

Faculty Scholarship

Restorative justice has been part of the American criminal justice system for more than three decades. Yet, it has only recently expanded into mainstream reform conversations—particularly those addressing mass incarceration and securing justice—and has gained a new urgency following nationwide protests in response to racial violence and anti-Blackness. Such increased attention necessitates that reformists think carefully about the existing legal landscape of restorative justice to ensure that the construction and refinement of restorative justice laws do not yield undesirable state and local practices. Drawing on a dataset of 264 laws, including statutes, court rules, and regulations in 46 jurisdictions, this …

Son Of Sam, Service-Connected Entitlements, And Disabled Veteran Prisoners, Jennifer D. Oliva

Faculty Scholarship

No abstract provided.

Assessing The Integration Of Ict Resources In Teaching And Learning In Selected Senior Secondary Schools In Cape Coast Metropolis, Kwaku Anhwere Barfi Mr., Alexander Amenu Mr, Valentina Arkorful Dr.

Library Philosophy and Practice (e-journal)

Despite the effort Government and other stakeholders are making to support Ghanaian senior high schools in information and communication technology (ICT), most of the schools are teaching ICT as an isolated subject rather than integrating the ICT resources into the educational curriculum to improve teaching and learning. The objective of the study was to assess the integration of ICT resources in teaching and learning in senior secondary schools in the Cape Coast metropolis. A total of 270 respondents took part in the survey. Five senior secondary schools were selected. This comprised of teachers and students. Random sampling was used to …

Weather Information Needs Of Displaced Artisanal Fishermen In Bakassi Pennisula Nigeria, Friday O. Idiku, Kalu Iroha Ogbonna, Patrick Ogar Ogar, Goodness Mosiokpahe David

Library Philosophy and Practice (e-journal)

Abstract

Information on weather forecast is necessary to guide fishermen on their fishing adventure. The purpose of this study was assessed the weather information needs of displaced fishermen in Bakassi Pennisula, Nigeria. This study was conducted in Bakassi which is a peninsula on the Gulf of Guinea that lies between latitudes 4°25′ and 5°10′N and longitudes 8°20′ and 9°08′E. It has an area of 665 km² (257 sq mi) with displaced Fishermen settling in the area who were the main respondents. It was a descriptive study. One hundred and five (105) displaced fishermen were randomly selected as respondents using snowball …

Use Of E-Books By Undergraduate Students In Public Universities In Kenya, Peris W. Kiilu Mrs, Japhet N. Otike Prof., Joseph Kiplangat Prof.

Library Philosophy and Practice (e-journal)

University libraries in Kenya are increasingly relying on e-books for current and up-to-date information. These are also more affordable as they are acquired in bulk through Kenya Library and Information Services Consortium (KLISC). This study was intent on identifying ways in which undergraduate students in public universities in Kenya interact with the e-books. Data was collected in four public universities using mixed methods approach. A survey questionnaire was distributed to 300 third year undergraduate students, while interview schedules were used to guide four undergraduate students’ focus group discussions, interviews with 20 lecturers and 12 library staff. It was found that …

An Assessment Of Open Educational Resources By Students In Selected Academic Institutions In Southwest, Nigeria, Njeze Miracle

Library Philosophy and Practice (e-journal)

This paper examined assessment of Open Educational Resources (OER) by students in selected Academic Institutions in Southwest Nigeria. A descriptive research design was used for this study and the instrument used for data collection was the questionnaire. The population of this study comprised two hundred and fifty two respondents from selected academic institutions and a stratified sampling technique was used to select respondents from each of the nine institutions investigated. This study assessed the use of Open Educational Resources by students in nine academic institutions in Nigeria which comprised (Federal, State and Private Universities; Polytechnics; and Colleges of Education) in …

Trends Of Publications In Peshawar Islamicus Research Journal: A Bibliometric Study From 2010- 2020, Mohammad Hussain, Ms. Saddiqa

Library Philosophy and Practice (e-journal)

This paper presents a bibliometric analysis of “Peshawar Islamicus” a research journal published by the Department of Islamiyat, University of Peshawar, Pakistan. The analysis covers authorship pattern, gender-wise distribution, number of articles, paper length, most prolific authors, number of references and department wise distribution etc. The data was collected from different issues of the journal which was analyzed by using MS Access and MS Excel 2016. The study found that 290 articles were published from 2010 to 2020 and highest numbers of articles (34) were published in 2019. The trend of male and two author was dominant, the volume of …

Users’ Perception Of Print Media Retention In A Digital Era., Obia Inyang, Margaret Umoh Dr

Library Philosophy and Practice (e-journal)

Print media usage presented some important qualities overtime, which have made it an advantageous medium of study regardless of the technological advancements of the contemporary times popularly described as the information age. The value, as perceived by scholars in training (users of academic libraries especially), were sort by this research to analyze why prints are still glamour for, in a digital era with all the improvements made by digital adoptions. This study revealed that 378 respondents returned their questionnaire copies out of the 500 sent out and constituted 75.6% returns. Results for objective 1, revealed among others that, clients’ have …

Impact Of Ict On Learning Activities Of User By Academic Library Services: A Literature Review, Neha Lata, Sharad Kumar Sonkar

Library Philosophy and Practice (e-journal)

This study has been conducted for literature review on Impact of ICT on learning activities of users by Academic library services. The study focuses on the technology utilized in Academic libraries and impact on discovering how ICT keeps on advancing, and as it does it is turning out to be increasingly more incorporated with students and researcher learning. Brilliant machines and voice-controlled aides are only two instances of how technology is developing to make students' careers simpler. This study explains how technology changes the manner in which library services work and it additionally influences the way learning exercises of users.

Challenges Of The Use Of Electronic And Print Resources By Students In Selected Tertiary Institution In Kwara State, Tunde Idris Yusuf, Funke Abosede Ayeni, Monsurat Taiye Aminu, Sulyman Olaitan Mahammuod

Library Philosophy and Practice (e-journal)

The study investigates the challenges on the use of electronic and print resources by students in selected tertiary institutions in Kwara State, Nigeria. In order to achieve the set objectives, the researcher adopted survey research design using questionnaire as the major instrument for data gathering and complimented by observation. The total population for the study was 7, 954 from which 150 students were sampled. The study finds out that undergraduate students use information resources for academic related purposes; print information resources were more available for students use in the academic libraries; the findings further indicated that most libraries do not …

Awareness And Utilization Of Search Engines For Information Retrieval By Students Of National Open University Of Nigeria In Enugu Study Centre Library, Sunday Jude Onuh, Ogoegbunam Loveth Ekwueme

Library Philosophy and Practice (e-journal)

This study dwelt on awareness and utilization of search engines for information retrieval by students of National Open University of Nigeria (NOUN) Enugu Study centre. Descriptive survey research was adopted for the study. Two research questions were drawn from the two purposes that guided the study. The population consists of 5855 undergraduate students of NOUN Enugu Study Centre. A sample size of 293 students was used as 5% of the entire population. A questionnaire was used as an instrument for data collection. These research questions were analyzed using mean and standard deviation scores. The findings showed that the level of …