In this paper, Mark Rutzick discusses the National Environmental Policy Act, explores how it has developed since its enactment in 1970, examines the costs and burdens it imposes, and proposes potential solutions.
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In this paper, John Cohrssen and Henry Miller discuss the current state of biotechnology regulation, the potential benefits of smarter regulation of such technology, and a possible path forward.
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In this paper, Peter Huber and Roger Klein explore how adaptive clinical trials could transform how medicines are prescribed by doctors, allowing doctors to harness ‘precision medicine’ to develop better and more individualized treatment plans for their patients.
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In this paper, Matthew Heiman provides a brief overview of the EU’s General Data Privacy Regulation (GDPR), discusses how the GDPR differs from previous European privacy laws, and highlights six consequences of the GDPR for companies and consumers worldwide.
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In this paper, Linda Chavez, Roger Clegg, and Stuart Taylor argue that Department of Education guidance documents infringed on the due process and free speech rights of those accused of sexual harassment or assault on college campuses, and proposes guidelines to address these concerns.
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In this paper, Justin “Gus” Hurwitz and Jamil Jaffer paper argue that there is a fundamental incoherence both of privacy as a concept and the modern debates around that concept, and that this incoherence leads privacy advocates to “take positions that while appearing on the surface to protect privacy actually serve to undermine it (or aspects of it) in the long-run.”
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The FDA currently bars any speech by the manufacturer of a drug describing or promoting a use of the drug for any use other than an on-label use — even if the information is entirely truthful and non-misleading and could help physicians better treat their patients. Is such a restriction compatible with the First Amendment? Can the FDA modernize and clarify its position on off-label communications? Christina Sandefur delves into these important questions.
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In this paper, Yevgeniy Feyman examines the effects of the employer-sponsored insurance tax exclusion on health insurance costs and proposes solutions that could lead to “a health insurance market that is accountable to patients, doesn’t push up health care prices unnecessarily, and one that provides a product that follows a person regardless of their employment situation.”
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In this paper, Brian Knight discusses how fintech “can improve our lives and how poor regulation risks harming the very people it seeks to help.”
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In this paper, James Capretta analyzes Medicare’s fee-for-service payment systems, argues these payment systems have led to inefficiencies and fragmented care delivery, discusses the attempt by the Affordable Care Act to address these issues, and suggests other potential solutions.
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