Health Care Decisions in the New Era of Heath Care Reform: An Overview

Joan H. Krause & Richard S. Saver

READ MORE | 92 N.C. L. Rev. 1445 (2014)

States’ Decision Not to Expand Medicaid

Mark A. Hall

READ MORE | 92 N.C. L. Rev. 1459 (2014)

Health Care Spending and Financial Security After the Affordable Care Act

Alison K. Hoffman

READ MORE | 92 N.C. L. Rev. 1481 (2014)

Prospects For Regulation of Off-Label Drug Promotion in An Era of Expanding Commercial Speech Protection

Aaron S. Kesselheim & Michelle M. Mello On December 3, 2012, the United States Court of Appeals for the Second Circuit handed the government yet another setback in its quest to stem the deleterious public health effects of aggressive pharmaceutical marketing. United States v. Caronia involved a First Amendment challenge to a pharmaceutical sales representative’s criminal misdemeanor prosecution for promoting the narcolepsy drug Xyrem for multiple off-label uses by making oral statements about uses of the drug not approved by the Food and Drug Administration… READ MORE

READ MORE | 92 N.C. L. Rev. 1539 (2014)

Health Regulators as Data Stewards

Kristin Madison Rapidly improving abilities to assemble and analyze massive datasets have the potential to transform health, healthcare, and the healthcare system. This article argues that in an era of big data, government regulators have the power to shape this transformation. One step that the federal government has taken to accelerate the transformation process is to make data bigger. By acting as a data generator, collector, aggregator, facilitator, and funder, it has… READ MORE

READ MORE | 92 N.C. L. Rev. 1605 (2014)

Health Care Reform and Efforts to Encourage Healthy Choices by Individuals

David Orentlicher

READ MORE | 92 N.C. L. Rev. 1637 (2014)

Private Certifiers and Deputies in American Health Care

Frank A. Pasquale So-called “public programs” in U.S. health care pervasively contract with private entities. The contracting does not merely involve the purchase of drugs, devices, information technology, insurance, and medical care. Rather, government agencies are increasingly outsourcing decisions about the nature and standards for such goods and services to private entities. This Article will examine two models of outsourcing such decisions. In private licensure, firms offer a stamp of approval to certify that a given technology or service is up… READ MORE

READ MORE | 92 N.C. L. Rev. 1661 (2014)

The End of End-of-Life Law

Lois Shepherd

READ MORE | 92 N.C. L. Rev. 1693 (2014)

Can Patients in the United States Become Savvy Health Care Consumers?

Peter A. Ubel

READ MORE | 92 N.C. L. Rev. 1749 (2014)

Harry Edward Groves, Late Emeritus Henry Brandis Professor of Law: In Memoriam

Dean John Charles Boger

READ MORE | 92 N.C. L. Rev. 1041 (2014)

Patent Dialogue

J. Jonas Anderson This Article examines the unique dialogic relationship that exists between the Supreme Court and Congress concerning patent law. In most areas of the law, Congress and the Supreme Court engage directly with each other to craft legal rules. When it comes to patent law, however, Congress and the Court often interact via an intermediary institution: the U.S. Court of Appeals for the Federal Circuit. In patent law, dialogue often begins… READ MORE

READ MORE | 92 N.C. L. Rev. 1049 (2014)

Rethinking Judgments Reciprocity

John F. Coyle Scholars have long debated the criteria that U.S. courts should use when deciding whether to recognize and enforce money judgments rendered by foreign courts. One of the proposed criteria—reciprocity—would require proof that the rendering court would enforce a U.S. judgment if the situation were reversed. Advocates of reciprocity claim that it is necessary to create incentives for foreign states to recognize and enforce U.S. judgments. Critics argue that a policy… READ MORE

READ MORE | 92 N.C. L. Rev. 1109 (2014)

Defining Unreasonably Exclusionary Conduct: The “Exclusion of a Competitive Rival” Approach

Thomas A. Lambert Unreasonably exclusionary conduct, the element common to monopolization and attempted monopolization offenses under Section 2 of the Sherman Act, remains essentially undefined. Federal courts, including the U.S. Supreme Court, have purported to define the term, but the definitions they have offered are so indeterminate as to be, in the words of one prominent commentator, “not just vague but vacuous.” Seeking to fill the void left by the courts, antitrust scholars… READ MORE

READ MORE | 92 N.C. L. Rev. 1175 (2014)

Twilight for the Strict Construction of Waivers of Federal Soverign Immunity

Gregory C. Sisk The Government of the United States has long benefited from two canons of statutory construction that tip the scales of justice heavily in its direction in civil litigation by those seeking redress of harm by that government: First, the federal government’s consent to suit must be expressed through unequivocal statutory text. Second, even when a statute explicitly waives federal sovereign immunity for a subject matter, the traditional rule has been… READ MORE

READ MORE | 92 N.C. L. Rev. 1245 (2014)

Flip This Company, but Don’t Leave its Pensioners Out in the Cold: Sun Capital as a Call to Action to Change Taxation of Private Equity Funds

Valerie M. Hughes

READ MORE | 92 N.C. L. Rev. 1322 (2014)

Can We Keep this Dirty Money?: Ponzi Scheme Transfers and the Fourth Circuit’s Vague, but Workable Standard in In re Derivium Capital, LLC

Kristen J. Kenley

READ MORE | 92 N.C. L. Rev. 1370 (2014)

Where Gutenberg Meets Guns: The Liberator, 3D-Printed Weapons, and the First Amendment

Barton T. Lee

READ MORE | 92 N.C. L. Rev. 1393 (2014)

The Shifting Sands of Deterrence Theory and the Sixth Circuit’s Trouble with Suppression in United States v. Fofana

K. Dawn Milam

READ MORE | 92 N.C. L. Rev. 1426 (2014)
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