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Full-Text Articles in Law
Specialty Drugs And The Health Care Cost Crisis, Sharona Hoffman, Isaac D. Buck
Specialty Drugs And The Health Care Cost Crisis, Sharona Hoffman, Isaac D. Buck
Faculty Publications
Specialty drugs, often dispensed by specialty pharmacies, are among the most expensive drugs on the market. They are significant contributors to the American health care cost problem, but in many ways they escape public and regulatory scrutiny. Surprisingly, medications are designated as specialty drugs by pharmacy benefit managers (PBMs), entities that are part of the insurance industry, rather than by the Food and Drug Administration or medical authorities.
Specialty drugs have thus far received little attention in the legal literature. Yet, they raise important legal and regulatory questions. For example, there are no federal government rules (and only a handful …
Conservation Cartels: How Competition Policy Conflicts With Environmental Protection, Jonathan H. Adler
Conservation Cartels: How Competition Policy Conflicts With Environmental Protection, Jonathan H. Adler
Faculty Publications
The alleged purpose of antitrust law is to improve consumer welfare by proscribing actions and arrangements that reduce output and increase prices. Conservation seeks to improve human welfare by maximizing the long-term productive use of natural resources, a goal that often requires limiting consumption to sustainable levels. While conservation measures might increase prices in the short run, they enhance consumer welfare by increasing long-term production and ensuring the availability of valued resources over time. That is true whether the restrictions are imposed by a private conservation cartel or a government agency. Insofar as antitrust law fails to take this into …
Looking Ahead To The 2005-06 Term (2005), Jonathan H. Adler
Looking Ahead To The 2005-06 Term (2005), Jonathan H. Adler
Faculty Publications
This essay surveys the upcoming 2005-06 term of the Supreme Court, a term that may be as notable for what it says about the future direction of the Supreme Court as it is for specific decisions in any particular cases. This does not mean the term lacks important cases. To the contrary, this coming year the Court will consider the constitutionality of the Solomon Amendment, address the application of the Religious Freedom Restoration Act to religious use of drugs, and determine whether the federal government can effectively preempt Oregon's decision to legalize doctor-assisted suicide. It will revisit contemporary federalism and …
The Supreme Court And Antitrust Analysis: The Near Triumph Of The Chicago School, Peter M. Gerhart
The Supreme Court And Antitrust Analysis: The Near Triumph Of The Chicago School, Peter M. Gerhart
Faculty Publications
No abstract provided.