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Articles 1 - 6 of 6
Full-Text Articles in Law
The Medical Device Excise Tax: An Unfair Burden, Elizabeth M. Bolka
The Medical Device Excise Tax: An Unfair Burden, Elizabeth M. Bolka
Indiana Law Journal
No abstract provided.
Abortion And The “Woman Question”: Forty Years Of Debate, Reva B. Siegel
Abortion And The “Woman Question”: Forty Years Of Debate, Reva B. Siegel
Indiana Law Journal
This paper was presented as the Addison C. Harris Lecture at the Indiana University Maurer School of Law, Bloomington, Indiana, September 27, 2012.
Generic Entry Jujitsu: Innovation And Quality In Drug Manufacturing, W. Nicholson Price Ii
Generic Entry Jujitsu: Innovation And Quality In Drug Manufacturing, W. Nicholson Price Ii
IP Theory
The manufacturing side of the pharmaceutical industry has been neglected in innovation theory and policy, with the unfortunate result of stagnant manufacturing techniques driving major problems for the healthcare system. This innovation failure has roots in ineffective intellectual property incentives and high regulatory hurdles to innovative change. Changes in pure regulation or intellectual property incentives have significant potential to help the innovation deficit, but are not the only possibility for change. A relatively minor regulatory change could harness the powerful dynamics of pioneer/generic competition surrounding generic drug market entry. If pioneer firms were permitted to make label claims committing to …
Further Standing Lessons, Heather Elliott
Further Standing Lessons, Heather Elliott
Indiana Law Journal
Professor Elliott wrote a piece for the Indiana Law Journal in 2012 (available here). In this article, she updates her analysis and explores the implications of both the health-care and marriage equality cases on the Court’s standing doctrine.
Why The Affordable Care Act Authorizes Tax Credits On The Federal Exchanges, David Gamage, Darien Shanske
Why The Affordable Care Act Authorizes Tax Credits On The Federal Exchanges, David Gamage, Darien Shanske
Articles by Maurer Faculty
This Essay refutes Adler’s and Cannon’s argument that the Affordable Care Act (“Obamacare”) does not authorize premium tax credits for insurance policies purchased from the federal healthcare Exchanges. Adler’s and Cannon’s argument is the basis of challenges in a number of ongoing lawsuits, including Oklahoma ex rel. Pruitt v. Sebelius and Halbig v. Sebelius. This Essay conducts a textual analysis of the Affordable Care Act and concludes that the text clearly authorizes premium tax credits for insurance policies purchased from the federal healthcare Exchanges.
On November 7th, 2014, the U.S. Supreme Court agreed to hear the appeal of the King …
Health Policy And The Syrian Chemical Weapons Crisis, David P. Fidler
Health Policy And The Syrian Chemical Weapons Crisis, David P. Fidler
Articles by Maurer Faculty
For health policy, armed conflicts constitute one of the most severe emergency contexts in which health, well-being, and determinants of health are threatened. The Syrian civil war has proved no different, as health experts repeatedly lament the humanitarian debacle the Syrian conflict has become. The main distinguishing feature of the Syrian civil war has been the large-scale use of chemical weapons in August 2013. This essay analyzes the chemical weapons crisis and its diplomatic resolution from a health policy perspective, with particular attention on whether the handling of this crisis created positive health policy “spillover” opportunities for more effectively addressing …