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Are Good Deeds Being Punished?: Independent Charity Patient Assistance Programs and the Anti-Kickback Statute

John Hood

Abstract Largely funded by the pharmaceutical industry, Independent CharityPatient Assistance Programs (PAPs) dispense billions of dollars of aidannually to help financially vulnerable patients afford their prescriptiondrugs. Recently, these charitable entities and their drug company donorshave faced mounting legal scrutiny for allegedly funneling illegalkickbacks to Medicare beneficiaries. This Note examines IndependentCharity PAPs and the issues they […]

Divided and Conquered: The Neoliberal Roots and Emotional Consequences of the Arbitration Revolution

Hila Keren

Abstract The “arbitration revolution” has diminished access to justice formillions of people, allowing American corporations to secure significantinsulation from collective challenges in both judicial and arbitral forums.Although currently identified damages are immense, some scholars haverecently described proposals to undo the revolution as wishful thinkingin the current political climate. This Article acknowledges the politicaldifficulty but seeks […]

Technological Triage of Immigration Cases

Fatma Marouf and Luz Herrera

Abstract In the medical profession, triage refers to sorting medical resources inemergency situations based on the greatest need for immediate attention.Similarly, legal service providers talk about “triaging” cases to prioritizeindividuals with the most serious problems. But in the immigration field,the concept of triage is turned on its head. Noncitizens with the riskiestcases—those facing deportation—have the […]

Protecting Energy Privacy Across the Public/Private Divide

Matthew B. Kugler & Meredith Hurley

Abstract Energy-usage monitoring can expose much of what takes place insidepeople’s homes and offices. As the “smart home” revolution continues,this data will only become more revealing. Though this information isessential for the development of the smart electric grid, it is also useful toa variety of others: law enforcement, energy-efficiency experts, andmarketers. At present, this data […]

Do the Games Never End?

Shubha Ghosh

Abstract Response to Pamela Samuelson, Staking the Boundaries of Software Copyrights in the Shadow of Patents Categories create hours of fun for the legal mind. Is it this? Or is it that? Could it be both? At the end of the day, the best, but nagging, answer might be “None of the above.” Categories are […]

A Knock on Knick’s Revival of Federal Takings Litigation

Stewart E. Sterk & Michael C. Pollack

Abstract In Knick v. Township of Scott, the United States Supreme Court heldthat a landowner who claimed to have suffered a taking at the hands ofstate or local officials could seek redress in federal court without the needto first seek compensation through state proceedings. This holding raisesserious theoretical and practical concerns. On the theoretical side, […]