scholarly journals The Antibiotics Class Actions

1976 ◽  
Vol 1 (1) ◽  
pp. 251-363 ◽  
Author(s):  
Charles W. Wolfram

Anyone interested in the current doings of the antibiotics antitrust litigation in the spring of 1975l could easily have found seating in the public section of the courtroom of Judge Miles A. Lord in Minneapolis. An instantly striking aspect of the courtroom was that, in contrast to the scattering of young attorneys and an occasional curious onlooker in the public section, there were dozens of people crowded into the area around the central raised bench on which Judge Lord sits. Several attorneys represenr: the defendants-five of the major drug manufacturing companies in the United States. Numerous counsel for the plaintiffs were grouped around a large table to Judge Lord's right. Clerks, court reporters, and marshals sat beneath the bench. The most remarkable feature of the crowd, however, was the presence of two jury boxes containing two separate juries. In fact, two different trials in six different cases were proceeding at once. “Jury One” was hearing evidence in actions brought by the United States, two national classes (one of insurance companies and the other of union health and welfare funds), and a California medical group. “Jury TWQ” was hearing evidence in suits brought in behalf of competitors of the defendant drug companies. For the most part, the juries were hearing evidence common to both sets of cases. When evidence was introduced that was relevant to only one set of cases, the other jvry would be excused.

1977 ◽  
Vol 5 (3) ◽  
pp. 347-358 ◽  
Author(s):  
Adolf Sprudzs

Among the many old and new actors on the international stage of nations the United States is one of the most active and most important. The U.S. is a member of most existing intergovernmental organizations, participates in hundreds upon hundreds of international conferences and meetings every year and, in conducting her bilateral and multilateral relations with the other members of the community of nations, contributes very substantially to the development of contemporary international law. The Government of the United States has a policy of promptly informing the public about developments in its relations with other countries through a number of documentary publication, issued by the Department of State


2008 ◽  
Vol 2 (1) ◽  
pp. 57-60
Author(s):  
Edward Bong Geul Joo

On September 24, 2007, the conflict in Burma, also known as Myanmar, between the public and the military junta, officially known as the State Peace and Development Council (SPDC), reached a serious point. The military junta, which represented the Burmese government, had raised the price of oil through its monopoly, which subsequently elevated food prices. In response, the public, including 1000 monks, protested against the tyrannical rule of the junta. The junta reacted by killing thousands of people and arresting democratic leaders such as U Gambira, the leader of the protesting monks. Amidst this turmoil, many foreign countries intervened to try to find a solution. Keck and Sikkink suggest that these are voluntary and angel states coming to the aid of others. On the other hand, Kaufmann and Pape argue that these are states masking their acts as aid while looking for gains for themselves. They add that these political gains are made at the costly price of economic loss. By examining how the United States has been involved in the crisis in Burma, Kaufmann and Pape’s view on these states appears to be more correct than that of Keck and Sikkink, who believe in the existence of voluntary states.


1983 ◽  
Vol 18 (2) ◽  
pp. 161-177 ◽  
Author(s):  
J. A. Jolowicz

If an English lawyer looks at modern American literature on civil procedure, his first reaction tends to be one of incredulity or incomprehension; the literature deals with subjects of which he has never heard and seeks solutions to questions he has never thought of asking. After some reflection, however, it probably dawns on him that American scholars are writing against a background of assumptions about the process of litigation which he does not share and that those assumptions stem from developments which have occurred in the United States but which have not yet occurred in England or, for that matter, in the other countries of Western Europe. No one in England could write an article such as I received recently from the United States on “Conflict and Dissent in Class Actions” for the simple reason that the class action as it exists in the United States has not yet developed on our side of the Atlantic. Nevertheless, it is now clear that new demands are being made in Europe on the process of litigation, demands which may in time lead to developments such as have already occurred in the United States, and it is these demands which lead to the dilemmas to which my title refers. I want, therefore, to draw attention to two such demands—both very broadly stated—and to the dilemmas they produce, limiting myself mainly to England but with occasional glances elsewhere. This is not a lecture on American law, but it could perhaps be described as one on “pre-American” law.


1993 ◽  
Vol 23 (2) ◽  
pp. 263-273 ◽  
Author(s):  
Viveca Novak

To gain an understanding of how hard it will be to control skyrocketing health care costs in the United States, consider one small part of the health care system: the pharmaceutical industry. Every time Congress threatens to crack down on drug costs or reduce government support for the industry, the pharmaceutical firms crank out PAC contributions and deploy their lobbyists. The upshot: drug companies get to charge what they want while holding onto millions of dollars' worth of government giveaways, including tax breaks and generous patent protection.


Author(s):  
Ruth Horowitz

This chapter explores the medical licensure and specialty certification environment in United States and examines the persistent difficulties with ensuring that all physicians keep up with the changing demands and advances in medicine. Government agencies (state and federal legislatures, departments and courts), multiple medical organisations, and market bodies (consumers and insurance companies) are intertwined in complex and conflict-prone interactions. This chapter critically explores if the United States can continue to leave it to medical professionals or local state legislatures to oversee maintaining competency and licensure. States currently vary as to the strategy they adopt, the preferred method reflecting local traditions and physician practices, leaving gaps in standards. Anti-regulation sentiments have been on the rise, with the result that efforts by some medical organisations to nudge others toward greater oversight have been stymied by others which launch legal and political challenges against regulatory changes. The diversity of institutions with a stake in the regulatory process complicates the matter. The chapter concludes that what tends to get lost in this state of affairs is the ‘public interest’.


Author(s):  
William R Towns

The standard for trademark infringement in the United States is ‘likelihood of confusion’. Under this standard trademark infringement occurs when, dependent on the attendant circumstances, two parties’ use of the same or similar mark with related goods and services would be likely to cause the public mistakenly to believe: (1) that the goods and services emanate from the same source; or (2) that the parties are in some manner affiliated or that the goods and services of one party have the sponsorship, endorsement, or approval of the other party. In either case, trademark law aims to protect the public from deceit, and to prevent the diversion of reputation and goodwill from the one who has created it to another who has not.


1912 ◽  
Vol 6 (4) ◽  
pp. 513-523
Author(s):  
Eugene Wambaugh

As was indicated in a preceding article, the chief feature of the judicial year 1909–1910, from the point of view of Constitutional Law, was that the decisions, though numerous, were comparatively unimportant. On the contrary the chief feature of the constitutional decisions of the judicial year 1910–1911 was that an unusual number of them appeared to the public to be of great interest and consequence. Hence it is advisable to deal with the judicial year 1910–1911 in a manner wholly different from that which was adopted with its predecessor. The article covering the judicial year 1909–1910 collected all the constitutional cases in the Supreme Court of the United States, and, with the briefest possible indication of the point decided, distributed them among the several clauses of the Constitution which they served to annotate. For the judicial year 1910–1911, on the other hand, the plan adopted is to confine attention almost wholly to the few decisions making the year memorable. Thus it becomes possible to give a rather full statement of those few decisions and now and then to add comments.


2020 ◽  
Vol 8 (2) ◽  
pp. 1-16
Author(s):  
Tal Pavel ◽  
Ruti Gafni

This study examines the cybersecurity insurance market in the United States (U.S.) in order to reveal if an “invisible hole” of services and information exists in this market. This is performed by mapping the cybersecurity insurance services, offered by insurance companies, to cope with cybersecurity risks, and finding in which way these services are exposed, visible and comprehensive, in the insurance companies' websites. The research questions examined the extent cybersecurity insurance services offered by the main U.S. insurance companies; the visibility of such services on their websites; and the types of services offered. The sample included 44 insurance companies based upon nine lists of the top U.S. insurance companies. The findings present that most companies (68%) offer cybersecurity insurance services, while only a few (26.92%) expose such information in a visible way. Moreover, on the one hand, the insurance companies use general terms for services, which may be blur and ambiguous, while on the other hand, there is a widespread of specific services, most of them (81%) provided only by few companies. These findings may derive due to insufficient understanding of cybersecurity insurance clients' needs and may reflect the lack of maturity of the cybersecurity insurance market, as matured marketplaces are mostly more standardized. This study demonstrates that there is a long way to advance until the insurance market for cybersecurity risks will be mature, customers (businesses and organizations) will understand the needs for such insurance, and insurance companies will develop and offer relevant insurance services.


2000 ◽  
Vol 16 (1) ◽  
pp. 105-139 ◽  
Author(s):  
Stephen D. Morris

NAFTA, neoliberalism and even neoindigenismo in Chiapas have all challenged past perceptions of self and other in Mexico. Rooted in the postmodernist importance of the other in shaping identity, this essay explores themes in contemporary Mexican images of the United States-- Mexico's predominant other-- as found in written editorials and illustrations from the Mexican press during recent moments in Mexican-U. S. affairs. The discussion first maps out the theoretical setting, raising questions about the importance of Mexican perceptions of its northern neighbor and recent changes in those perceptions. These concerns are briefly incorporated into the modernist/postmodernist approaches. The essay then explores and interprets the major themes portrayed by the Mexican press during the period under review. Despite recent indications that Mexico has nurtured a new, more modern view of the United States, perceptions of the United States as power-hungry, hypocritical, and anti-Mexican still inform the public discourse. / El TLC, el neoliberalismo y también el neoindigenismo en Chiapas han retado a las recientes percepciones sobre el yo y el otro en México. A raíz de la importancia posmodernista del otro en la creación de la identidad nacional, el trabajo actual examina algunos aspectos de la imagen contemporánea que México sostiene de los Estados Unidos. Este ensayo se basa en un análisis de editoriales escritos e ilustraciones de la prensa mexicana durante un período reciente en la relación entre los dos países. Dividida en dos partes, la discusión empieza al ofrecer un marco teórico que subraya varias cuestiones sobre la importancia de las percepciones mexicanas de vecino del norte y los posibles cambios de éstas en los últimos años. Se incorporan entonces estos puntos, en forma breve, a los enfoques modernistas/posmodernistas. La segunda sección explora e interpreta los temas más sobresalientes de la prensa mexicana durante el período en cuestión. El trabajo muestra que a pesar de las recientes indicaciones que México ha desarrollado una imagen nueva, y más moderna de los EU, la percepción dominante caracteriza a Estados Unidos como un país con una insaliable hambre de poder, hipócrita y antimexicano.


Author(s):  
Timothy S. Chase

The explosion in the number of Free-Nets and their organizing committees over the past two years attests to the popularity of community-based computing. But, the goal of these organizations is farther reaching than merely strength of numbers; they want to change their communities for the better. In order to assure an important and relevant place in the community, Free-Nets must face the history of the other community-based information service provider: the public library. Once this is done, Free-Nets must focus on achieving results, not merely on achieving continued existence.


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