A recent wave of litigation against nonprofit hospitals highlights the peculiar position they occupy in the American health care system. The lawsuits allege that the hospitals have broken their covenant with the community and morphed into profit-seeking businesses. Similar concerns have emerged...

This article is a response to Gary Puckrein's paper "BiDil: From Another Vantage Point," which misrepresents rather than refutes our previously published analysis of BiDil. Puckrein claims that if our analysis were to prevail, patients would be denied life-saving therapy. Any reasonable reading...

When I chose the title, Counterfeit Drugs: The Good, the Bad and the Ugly, some of my colleagues at this symposium blanched. They understood counterfeit drugs as Bad and Ugly, but resisted categorizing any counterfeit drug as Good. This article is intended to be provocative, challenging some of...

In this paper, we argue that lower prices for pharmaceuticals can be achieved by fostering a new type of competition in the pharmaceutical industry. Lower drug development costs, and hence prices, can be brought about by abolishing national drug administrations and replacing them with private...

Recent Food and Drug Administration (FDA) approval of the first drug with a race-specific indication has fueled the controversy over the meaning of race and ethnicity and raised questions over whether this move should be seen as an advance or a setback in the struggle to address disparities in...

Spanish Abstract: Código modelo euroamericano de la jurisdicción administrativa fue elaborado durante el transcurso de tres seminarios europeo-latinoamericano de investigación denominado “Código modelo de jurisdição administrativa”, organizados por el Grupo de Pesquisa “Efetividade...

Using econometric evidence, this article confirms that distribution of medicines online is split into two market segments of very diverse quality, and identifies the factors that drive quality and quality assurance in this activity. Unlike fraudulent, 'rogue,' websites, which offer scant...

The COVID-19 crisis has starkly illustrated both the strengths and limitations of U.S. biomedical innovation institutions as deployed to fight a pandemic. These innovation institutions include not just intellectual property law, but also other legal systems that structure incentives for...

Portuguese Abstract: A presente obra foi concebida no âmbito do projeto de pesquisa “Desafios contemporâneos da justiça administrativa”, vinculado ao Núcleo de Pesquisas do Poder Judiciário - Nupej, da Pró-reitoria de Pós-Graduação e Pesquisa e Inovação – Proppi da Universidade...

The English version of this paper can be found at http://ssrn.com/abstract=4209536.Portuguese Abstract: O presente texto discorre sobre o alcance da cláusula constitucional do devido processo legal no direito administrativo brasileiro, lastreando-se na análise das Constituições brasileiras,...