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Articles 1 - 9 of 9
Full-Text Articles in Law
Climate Change, Human Health, And The Post-Cautionary Principle, Lisa Heinzerling
Climate Change, Human Health, And The Post-Cautionary Principle, Lisa Heinzerling
O'Neill Institute Papers
In this Article, I suggest two different but related ways of reframing the public discourse on climate change. First, I propose that we move further in the direction of characterizing climate change as a public health threat and not only as an environmental threat. Second, I argue that we should stop thinking of responses to climate change in terms of the precautionary principle, which counsels action even in the absence of scientific consensus about a threat. We should speak instead in terms of a ?post-cautionary? principle for a post-cautionary world, in which some very bad effects of climate change are …
The Difficult Case Of Direct-To-Consumer Drug Advertising, David C. Vladeck
The Difficult Case Of Direct-To-Consumer Drug Advertising, David C. Vladeck
O'Neill Institute Papers
This article will appear in a symposium to pay tribute to Professor Steven H. Shiffrin, one of the leading First Amendment theorists of our time. The author was asked to focus on Professor Shiffrin’s contribution to the development of the commercial speech doctrine. To reflect on the wisdom of Professor Shiffrin’s refusal to rely on general First Amendment theories, the article focuses on the difficult First Amendment problem of regulating direct-to-consumer (DTC) advertising of prescription drugs. In his famous dissent in Virginia Pharmacy Board, then-Justice Rehnquist forecast that, as a consequence of the Court’s ruling, drug companies would soon advertise …
A Critical Examination Of The Fda’S Efforts To Preempt Failure-To-Warn Claims, David A. Kessler, David C. Vladeck
A Critical Examination Of The Fda’S Efforts To Preempt Failure-To-Warn Claims, David A. Kessler, David C. Vladeck
O'Neill Institute Papers
This article explores the legality and wisdom of the FDA’s effort to persuade courts to find most failure-to-warn claims preempted. The article first analyzes the FDA’s justifications for reversing its long-held views to the contrary and explains why the FDA’s position cannot be reconciled with its governing statute. The article then examines why the FDA’s position, if ultimately adopted by the courts, would undermine the incentives drug manufacturers have to change labeling to respond to newly-discovered risks. The background possibility of failure-to-warn litigation provides important incentives for drug companies to ensure that drug labels reflect accurate and up-to-date safety information. …
Diabetes Treatments And Moral Hazard, Jonathan Klick, Thomas Stratmann
Diabetes Treatments And Moral Hazard, Jonathan Klick, Thomas Stratmann
All Faculty Scholarship
In the face of rising rates of diabetes, many states have passed laws requiring health insurance plans to cover medical treatments for the disease. Although supporters of the mandates expect them to improve the health of diabetics, the mandates have the potential to generate a moral hazard to the extent that medical treatments might displace individual behavioral improvements. Another possibility is that the mandates do little to improve insurance coverage for most individuals, as previous research on benefit mandates has suggested that mandates often duplicate what plans already cover. To examine the effects of these mandates, we employ a triple-differences …
What Do Nonprofits Maximize? Hospital Service Provision And Market Ownership Mix, Jill R. Horwitz, Austin Nichols
What Do Nonprofits Maximize? Hospital Service Provision And Market Ownership Mix, Jill R. Horwitz, Austin Nichols
Law & Economics Working Papers Archive: 2003-2009
Conflicting theories of the nonprofit firm have existed for several decades yet empirical research has not resolved these debates, partly because the theories are not easily testable but also because empirical research generally considers organizations in isolation rather than in markets. Here we examine three types of hospitals – nonprofit, for-profit, and government – and their spillover effects. We look at the effect of for-profit ownership share within markets in two ways, on the provision of medical services and on operating margins at the three types of hospitals. We find that nonprofit hospitals’ medical service provision systematically varies by market …
Integrating The Complexity Of Mental Disability Into The Criminal Law Course, Linda C. Fentiman
Integrating The Complexity Of Mental Disability Into The Criminal Law Course, Linda C. Fentiman
Elisabeth Haub School of Law Faculty Publications
No abstract provided.
Brave New Babies, Lori B. Andrews
The Debtor-Patient Revisited, Melissa B. Jacoby
The Debtor-Patient Revisited, Melissa B. Jacoby
Faculty Publications
No abstract provided.
Individual Health Insurance Mandates And Financial Distress: A Few Notes From The Debtor-Creditor Research And Debates, Melissa B. Jacoby
Individual Health Insurance Mandates And Financial Distress: A Few Notes From The Debtor-Creditor Research And Debates, Melissa B. Jacoby
Faculty Publications
No abstract provided.