Showing archive for: “Health Care”
The Supreme Court teaches a securities lesson
In Erica P. John Fund vs. Halliburton the Court held that the Fifth Circuit erred when it required loss causation for class certification. The Court taught the lower courts the distinction among various elements of securities cases. In order to get Basic’s presumption of reliance you have to prove, e.g., that the alleged misrepresentations were ... The Supreme Court teaches a securities lesson
Medical Devices
The GAO has recently issued a report on medical devices. The thrust of the report is that “high-risk” medical devices do not receive enough scrutiny from the FDA and that recalls are not handled well. This report and other evidence indicates that the FDA is likely to require more testing of devices. As of now, ... Medical Devices
Get Ready for that Twinkie Tax.
Arizona’s governor has proposed charging $50 to certain Medicaid beneficiaries who smoke or are obese. As today’s Wall Street Journal reports, the point of the surcharge is to internalize the externalities smokers and snackers impose on their fellow citizens, who bear much of the cost of their unhealthful choices: “If you want to smoke, go for it,” said Monica Coury, spokeswoman for Arizona’s Medicaid ... Get Ready for that Twinkie Tax.
Insider trading at the FDA
The SEC has civilly charged an FDA employee under 17(a) and 10(b) with violating his duty of trust and confidence to the FDA and misappropriating drug approval information by using it to make $3.6 million in trading securities. The WSJ story summarizes: The SEC and the Justice Department said the men traded shares dating back ... Insider trading at the FDA
Markets are incremental; Obamacare is not
Watching Obamacare dissolve in a morass of legal challenges and waivers points out another benefit of markets. Markets proceed incrementally. The Internet has made a huge difference in all of our lives. But the process was gradual. It began with just a few academic users and then expanded as entrepreneurs figured out next steps. In 1990 no one ... Markets are incremental; Obamacare is not
Lawyers and the invention of the barometer
Stephen Baker, writing in yesterday’s WSJ: Watson doesn’t “know” anything, experts say. * * * This is all enough to make you feel reinvigorated to be human. But focusing on Watson’s shortcomings misses the point. It risks distracting people from the transformation that Watson all but announced on its “Jeopardy!” debut: These question-answering machines will ... Lawyers and the invention of the barometer
Paul Rubin joins TOTM
You may have noticed the newest member of the TOTM Team. We’re very proud to welcome Paul Rubin, Samuel Candler Dobbs Professor of Economics at Emory University and one of the leading figures in law and economics. Paul has written seminal articles on, among other subjects, the forces shaping the common law, franchising, and ... Paul Rubin joins TOTM
Jack Calfee, In Memoriam, by Paul Rubin
My good friend and coauthor John E. (Jack) Calfee died suddenly of a heart attack last month. He was bon in 1941 and was 69 years old. Jack came late to economics. After graduating from Rice with a major in mathematics, he studied international relations at the University of Chicago and then worked for AT&T ... Jack Calfee, In Memoriam, by Paul Rubin
Antitrust and ObamaCare
There is an interesting story developing on antitrust enforcement and collaboration between hospitals and doctors encouraged by the new health care law. The New York Times reports: An influential Republican member of the Federal Trade Commission, J. Thomas Rosch, said that without “vigorous antitrust enforcement,” the new alliances of health care providers could reduce competition ... Antitrust and ObamaCare
The non-constitutional problem with a health care mandate
There’s been much teeth-gnashing following yesterday’s ruling by a Virginia judge that the “individual mandate” portion of Obamacare is unconstitutional. Among many other places, see the ongoing discussion at The Volokh Conspiracy. I have a quick, non-constitutional response. It seems to me that there is a basic, deep problem with prohibiting citizens from opting out ... The non-constitutional problem with a health care mandate
Carl Shapiro on BCBS and the New Merger Guidelines
?Carl Shapiro’s (DOJ) speech at the ABA Fall Forum contains (at least) two interesting tidbits worth highlighting for TOTM readers. The first is a discussion of the DOJ’s case against Blue Cross Blue Shield, which as discussed here, turns on an economic analysis of the use of most-favored nations clauses in contractual arrangements with hospitals: ... Carl Shapiro on BCBS and the New Merger Guidelines
Should Congress Repeal the McCarran-Ferguson Act?
While I’m focused on health care and antitrust, the question above is the subject of a conference at the Harvard Law School Petrie?Flom Center which looks like it has a great lineup. The conference is November 12th. Here is the conference description (HT: Larry Solum). Petrie-Flom Center for Health Law Policy, Biotechnology and Bioethics at ... Should Congress Repeal the McCarran-Ferguson Act?
