Law profs Charlie Silver, David Hyman, and Bernard Black have published Fictions and Facts: Medical Malpractice Litigation, Physician Supply, and Health Care Spending in Texas Before and after HB 4. Note the study's findings in the abstract below: This article, written for a symposium issue of the Texas Tech Law Review, summarizes our research on […]
Author Archives: Brian Wolfman
That's the topic of a bluntly-titled article — Taxing Rich Dead People to Tackle Student Loan Debt — by law prof Victoria J. Haneman. The abstract follows. (Note in particular the stats in the second paragraph of the abstract concerning Millennials' financial situation.) Once upon a time, there was a generation of indentured servants called […]
Law prof Rhonda Wasserman has written Ascertainability: Prose, Policy, and Process. "Ascertainability" is a judge-made doctrine about, among other things, whether a would-be class representative must prove that there is an administratively feasible means of identifying class members before the court may certify a case as a class action. Here's the abstract: One of the most […]
Our readers might be interested in Excessive Drug Pricing as an Antitrust Violation by law prof Harry First. Here is the abstract: It is nearly four years since Martin Shkreli bought an off-patent drug named Daraprim and raised its price overnight by nearly 5500%. Public outcry was intense and Shkreli became the poster-child for excessive […]
Reporter Sarah Kliff explains that "[u]nder Trump, the number of uninsured Americans has gone up by 7 million," while Gallup has found that the "U.S. Uninsured Rate Rises to Four-Year High," at least in part because of Trump Administration policy changes.
The Supreme Court today decided Henry Schein Inc. v. Archer and White Sales Inc., which presented the question "whether the Federal Arbitration Act permits a court to decline to enforce an agreement delegating questions of arbitrability to an arbitrator if the court concludes the claim of arbitrability is 'wholly groundless.'” The answer was an unanimous […]
The Supreme Court held argument yesterday in Merck Sharp & Dohme Corp. v. Albrecht. Here's the (loaded) question presented in Merck: Whether a state-law failure-to-warn claim is pre-empted when the Food and Drug Administration rejected the drug manufacturer's proposal to warn about the risk after being provided with the relevant scientific data, or whether such a […]
That's the name of this Washington Post article by Jeanne Lenzer and Shannon Brownlee. The article explains that the FDA continues to allow critical, implanted medical devices on the market via the so-called "510(k) process." Among other serious deficiencies, the 510(k) process does not require pre-market clinical safety testing. Lenzer and Brownlee explain that the […]
Law prof Jean Sternlight has written Mandatory Arbitration Stymies Progress Towards Justice in Employment Law: Where To, #MeToo?. Here's the abstract: Today our employment law provides workers with far more protection than once existed with respect to hiring, firing, salary, and workplace conditions. Despite these gains, continued progress towards justice is currently in jeopardy due […]