Notice & Comment

Author: Sam Halabi

Notice & Comment

Health, Development, and the International Standardization Process

With Engineering Rules, JoAnne Yates and Craig Murphy have contributed an important volume analyzing the history of standardization generally, and with tailored historical insights for individual standard-setting bodies, consortia, and entrepreneurs.  The compilation, identification, and preservation of new primary materials will no doubt be of enormous aid to future scholars. They are to be congratulated […]

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Corporate Integrity Agreements, Agency Speech, and Unmoored Guidance

Nicholas Parrillo’s Federal Agency Guidance and the Power to Bind provides an important window into the perspectives of diverse stakeholders on the use, structure, and influence of agency guidance. Parrillo ultimately argues that agencies adopt, and regulated or interested stakeholders internalize, guidance through a complex process that belies simplistic assertions that agencies, more or less, […]

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Afterword to Intellectual Property and the New International Economic Order Symposium (Part II)

With this post, I continue my engagement with symposium contributors Professors Pojanowski, Walker, Osei-Tutu, and Judd and repeat my thanks for the time and care they took in reviewing the monograph.  This is the second of three posts intending to address the criticisms and suggestions made during the symposium. IV. Jeff Pojanowski provides a superb […]

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Constitutional Coup, Privatization, and the Federal False Claims Act

There are already so many thorough analyses, illustrative applications, and thoughtful extrapolations of Jon Michaels’s provocative thesis, it took some time to decide where anything more might be usefully contributed.   It is, I think, at the conceptual role “privatization” plays in Constitutional Coup’s core argument.  The threat privatization poses to our fundamental constitutional order, according […]

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The Hidden Structural Antagonist in Stephen Williams’s The Reformer: How One Liberal Fought to Preempt the Russian Revolution

Many thanks to Peter and, of course, Judge Williams for a book rich with lessons for historians, scholars of the administrative state, and, for me, at least, international relations. In a world where autocracy remains common if more threatened, Judge Williams sets out to explore the prerequisites for autocracies to transition (peacefully, it would appear) […]

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The New Director-General of the World Health Organization

On May 23, 2017, the World Health Assembly, the decision-making body of the World Health Organization, elected Tedros Adhanom Ghebreyesus as the new Director-General of WHO.  Dr Tedros, a former Ethiopian Health Minister, is the first African leader of the international organization.  WHO is distinct among international organizations for its ability to initiate both treaties […]

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The Opioid Addiction Prevention Act and the Best Distribution of Regulatory Activity over Illicit and Prescription Opioids

There is substantial evidence that opioid addiction poses a significant threat to individual and public health in the United States.  The CDC reports that the majority of drug overdose deaths (more than six out of ten) involve an opioid.  Since 1999, the number of overdose deaths involving opioids quadrupled. From 2000 to 2015 more than […]

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Returning Attention to State ACA and Medicaid Waivers

Now that the potential repeal of Obamacare is off the table (at least for a while), it’s worth turning attention (by all stakeholders) to one of Obamacare’s provisions crafted to accommodate approaches advocated across the political spectrum as well as the balance between local and national scale: Section 1332 State Innovation Waivers and Section 1115 […]

Notice & Comment

A Nudge on the Individual Mandate

Citing President Trump’s January 20 Executive Order, the IRS has altered the reporting mechanism for “minimum essential coverage” under the Affordable Care Act. A Form 1040 taxpayer, for example, had to check a box on line 61 to confirm coverage. If a taxpayer did not do so, the form was rejected. Because the “executive order […]

Notice & Comment

Renegotiating Trade Deals in Light of Advances in Multilateral Treaty Law Applicable to the Life Sciences Economy

Donald Trump’s team has led an insurrection against the dogma of free trade, calling for a revision or dissolution of NAFTA and killing US participation in the Trans-Pacific Partnership.  They promise to “repeal and replace” the prevailing multilateral system with bilateral deals that do a better job of allocating trade gains to the U.S. (and, […]

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Where It Hurts

It’s unclear how many Americans fully understand the meaning of the U.S. (and many other countries’) “one China policy” and the history behind it, but Donald Trump’s recent phone call with Tsai Ing-wen, the Taiwanese president who won this year’s elections in part on an interpretation of “one China” that included greater autonomy for Taiwan, […]