Author Archives: Brian Wolfman

Do False Claims Act suits deter off-label drug promotion?

That's the topic of Relinquishment of Inappropriate Off-Label Uses: The Effect of the False Claims Act by lawyer-economist Elissa Philip Gentry. Here is the abstract: Off-label drug prescription—the prescription of drugs for unapproved uses—relies on physicians to distinguish appropriate uses of drugs from inappropriate uses, based on available scientific evidence. In practice, however, information regarding the appropriateness […]

Mandatory pre-dispute arbitration, secrecy, and allegations of widespread sexual harassment

by Brian Wolfman Drew Harwell has penned this powerful article about allegations of widespread sexual harassment against the massive jewelry seller Sterling Jewelers (the corporate conglomerate behind the chain known as Galleria of Jewelry and Kay Jewelers). The article is based in large part on about 250 sworn affidavits from workers at the jewelry chain. The affidavits […]

What will a Trump administration OSHA look like?

I've seen little public discussion over what the federal government's workplace watchdog — the Occupational Safety and Health Administration — will look like in a Trump administration. This piece by Tom Musick addresses that question, and not surprisingly it looks like we are in for less regulation of workplace hazards. Musick also notes that "Trump’s limited-regulation stance, […]

Automakers Knew of Takata Airbag Hazard for Years, Suit Says

That's the name of this press report by Hiroko Tabuchi and Neal Boudette. An excerpt: At least four automakers knew for years that Takata’s airbags were dangerous and could rupture violently but continued to use those airbags in their vehicles to save on costs, lawyers representing victims of the defect asserted . . . . The Justice […]

Do administrative agency warnings encourage compliance with the law?

That's the topic of Administrative Law Enforcement, Warnings, and Transparency by Delcianna Winders. Here is the abstract: Warnings are one of the primary ways that agencies enforce their regulations. Yet there is virtually no scholarship interrogating the role that warnings play in an agency’s arsenal. Are they effective in motivating compliance? If so, under what circumstances? Is […]

Trump’s pick to run Medicare and Medicaid thinks maternity coverage should be optional. Here’s why she’s wrong.

That's the name of this article by consumer journalist Michael Hiltzik. Here's an excerpt: [Trump's pick to run the Centers for Medicare and Medicaid Services Seema] Verma demonstrated either utter ignorance about how health insurance works, or such desperation for this job that she’s willing to profess ignorance and paper it over with conservative shibboleths about “individual choice” and […]

“The GOP’s big problem: Lost health coverage”

That's the title of this story by the AP's J. Scott Applewhite. Here's an excerpt (which includes a reference to a leaked "Governors only" report I posted about yesterday): The warning signs are becoming inescapable for Republicans: Their most likely Obamacare replacement plans are getting terrible estimates on how many people they'll cover. Republicans have been pretty open that […]

“Economism” and its effects on consumer welfare and equality

Building on Jeff Sovern's review of James Kwak's book, Economism: Bad Economics and the Rise of Inequality, on this blog, law prof Pamela Foohey at Credits Slips takes a look at what she views as a book with a similar message: Cathy O'Neil's Weapons of Math Destruction: How Big Data Increases Inequality and Threatens Democracy. Foohey says that O'Neil […]