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Crossing Boundaries: Legal Education and the Challenge of the New Public Interest Law 跨界:法律教育与新公益法的挑战
Pub Date : 2004-12-01 DOI: 10.2139/SSRN.896761
L. Trubek
The article discusses contemporary legal practice and how new understandings of how the law can emerge from empirical information about current approaches to legal issues. It presents the argument that a new public interest law is emerging to deal with current legal problems in a contemporary context. The new public interest law requires a rethinking of the relationship between public interest goals and mainstream practice. Legal education is an integral part of constructing legal practices, and is now confronted with the challenge of changing is pedagogy to reflect the new practice of law. The article describes how a new framework is emerging, and how some law schools are beginning to revise their curriculum to reflect this new framework. It closes with a discussion of the barriers to embed these innovative projects more generally in law schools.
这篇文章讨论了当代法律实践,以及如何从当前处理法律问题的经验信息中产生对法律的新理解。它提出了一种新的公共利益法正在出现,以在当代背景下处理当前的法律问题。新公益法要求我们重新思考公益目标与主流实践的关系。法律教育是构建法律实践的重要组成部分,目前面临着如何改变其教学方法以反映新的法律实践的挑战。这篇文章描述了一个新的框架是如何出现的,以及一些法学院是如何开始修改他们的课程来反映这个新框架的。最后讨论了将这些创新项目更广泛地纳入法学院的障碍。
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引用次数: 21
Walgreens' Transparency Issue 沃尔格林的透明度问题
Pub Date : 2003-11-25 DOI: 10.2139/ssrn.2849542
L. Abrams
When the tax-financed share of an industry’s revenue approaches 50%, a company will often find that its financial statements are held to a higher standard. That higher standard is often labeled “transparency”. With the recent extension of Medicare to cover outpatient prescriptions of the elderly, it is expected that the tax-financed portion of expenditures on outpatient drug prescriptions will approach 50%.The purpose of this paper is to raise the transparency issue with regard to a major institution in the pharmaceutical supply chain – Walgreens – the dominant retail chain drugstore in the country. The key result is that in 2003, there was considerable disparity between the net profitability of Walgreens front store operations – 1.4 % -- and the net profitability of its pharmacy operations – 8.3%. The front store drives a disproportionate share of Walgreens labor and occupancy operating expenses – 61.5% -- versus 38.5% for the pharmacy operation.Even though the front store enjoys a higher gross profit margin than the pharmacy – 36.1% versus 21.6% -- it incurs an even greater operating expense margin – 34.6% versus 13.3%. This disparity may be interpreted as a cross-subsidy and that this may become an issue as Medicare is extended to cover outpatient prescriptions of the elderly.
当税收占行业收入的比例接近50%时,公司通常会发现其财务报表的标准更高。更高的标准通常被贴上“透明度”的标签。随着最近医疗保险扩大到老年人门诊处方,预计门诊药物处方支出的税收部分将接近50%。本文的目的是提出透明度问题,关于一个主要机构在医药供应链-沃尔格林-占主导地位的零售连锁药店在该国。关键的结果是,在2003年,沃尔格林前店业务的净利润率(1.4%)和药房业务的净利润率(8.3%)之间存在相当大的差距。前店在沃尔格林的劳动力和占用运营费用中所占的份额不成比例,为61.5%,而药房运营的比例为38.5%。尽管门面店的毛利率(36.1%比21.6%)高于药房,但其运营费用利润率(34.6%比13.3%)更高。这种差异可能被解释为交叉补贴,这可能成为一个问题,因为医疗保险扩大到覆盖老年人的门诊处方。
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引用次数: 0
"Napsterizing" Pharmaceuticals: Access, Innovation, and Consumer Welfare “Napsterizing”药品:获取、创新和消费者福利
Pub Date : 2002-09-01 DOI: 10.3386/W9229
James W. Hughes, Michael J. Moore, Edward A. Snyder
We analyze the effects on consumers of an extreme policy experiment -- Napsterizing' pharmaceuticals -- whereby all patent rights on branded prescription drugs are eliminated for both existing and future prescription drugs without compensation to the patent holders. The question of whether this policy maximizes consumer welfare cannot be resolved on an a priori basis due to an obvious tradeoff: While accelerating generic entry will yield substantial gains in consumer surplus associated with greater access to the current stock of pharmaceuticals, future consumers will be harmed by reducing the flow of new pharmaceuticals to the market. Our estimates of the consumer surpluses at stake are based on the stylized facts concerning how generic entry has affected prices, outputs, and market shares. We find that providing greater access to the current stock of prescription drugs yields large benefits to existing consumers. However, realizing those benefits has a substantially greater cost in terms of lost consumer benefits from reductions in the flow of new drugs. Specifically, the model yields the result that for every dollar in consumer benefit realized from providing greater access to the current stock, future consumers would be harmed at a rate of three dollars in present value terms from reduced future innovation. We obtain this result even accounting for the stylized fact that after generic entry branded drugs continue to earn significant price premia over generic products and hence recognizing that Napsterizing does not completely eliminate the incentives to innovate.
我们分析了一项极端政策实验对消费者的影响——“药品Napsterizing”——即取消现有和未来处方药的所有品牌专利权,而不对专利持有人进行补偿。这一政策是否使消费者福利最大化的问题不能在先验的基础上得到解决,因为有一个明显的权衡:虽然加速仿制药进入将在消费者剩余中产生实质性收益,并与更多地获得当前药品库存相关,但未来的消费者将因减少新药流入市场而受到损害。我们对利害攸关的消费者剩余的估计是基于关于通用进入如何影响价格、产出和市场份额的程式化事实。我们发现,为现有消费者提供更多获取现有处方药库存的渠道,会带来巨大的好处。然而,实现这些好处的代价要大得多,因为消费者会因为新药流量的减少而失去利益。具体来说,该模型得出的结果是,通过提供更多的当前库存来实现的每一美元的消费者利益,未来的消费者将因减少未来的创新而受到以现值计算的三美元的损害。即使考虑到仿制药进入市场后,品牌药继续获得比仿制药高得多的价格溢价,我们也得到了这个结果,因此认识到napsterization并没有完全消除创新的动机。
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引用次数: 46
Toward a Framework for Improving Health Care Financing for an Aging Population: The Case of Israel 为改善老龄化人口的医疗保健融资建立框架:以色列的案例
Pub Date : 2001-08-01 DOI: 10.3386/W8415
D. Chernichovsky, S. Markowitz
The conventional wisdom is that because at any time the aged cost more than the young, there is a positive relationship between aging and health care spending. It is hard, however, to find evidence that aging correlates positively with such spending. Intrigued by the puzzle, we account for the factors that contribute to changes of the age distribution of medical costs and their potential effect on aggregate cost. As changes in costs are not age neutral, the health system needs to facilitate a dynamic shift of resources from those whose relative cost rise less -- the young -- to those whose relative costs rise more -- the old. As there is an apparent market failure associated with uncertainty about growth in longevity (no market for 'death insurance'), the private market does not seem to effectively facilitate this shift. Aging, and its known correlates and antecedents produce a complex picture about the potential effect of aging on total cost of medical care in Israel. Shifting morbidity and mortality to older age can lower cost of care, all other things equal. Growth in incomes and insurance coverage are likely to increase use of care particularly amongst the old. Rising levels of education would have the opposite effect, but among the relatively young. The effect of a key element, technology, remains unknown. The Israeli experience also points to the advantages of a unified publicly financed health system with a timely allocation mechanism.
传统观点认为,因为在任何时候,老年人的花费都比年轻人多,所以老龄化和医疗保健支出之间存在正相关关系。然而,很难找到证据表明老龄化与这种消费呈正相关。被这个难题所吸引,我们解释了导致医疗费用年龄分布变化的因素及其对总成本的潜在影响。由于成本的变化不是年龄中立的,卫生系统需要促进资源的动态转移,从相对成本上升较少的人群(年轻人)转向相对成本上升较多的人群(老年人)。由于与寿命增长的不确定性相关的明显的市场失灵(没有“死亡保险”市场),私人市场似乎并没有有效地促进这种转变。老龄化及其已知的相关因素和前因后果产生了一幅复杂的画面,说明老龄化对以色列医疗保健总成本的潜在影响。在其他条件相同的情况下,将发病率和死亡率转移到老年人可以降低护理成本。收入和保险覆盖面的增长可能会增加护理的使用,特别是在老年人中。教育水平的提高会产生相反的效果,但在相对年轻的人群中。技术这一关键因素的影响仍然未知。以色列的经验还指出,统一的公共资助卫生系统具有及时分配机制的优势。
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引用次数: 7
Does Public Insurance Improve the Efficiency of Medical Care? Medicaid Expansions and Child Hospitalizations 公共保险提高医疗效率了吗?扩大医疗补助和儿童住院治疗
Pub Date : 2000-02-01 DOI: 10.3386/W7555
Leemore S. Dafny, J. Gruber
One of the benefits commonly claimed for expanded public health insurance is improved efficiency of medical care delivery, but this claim has little rigorous empirical support. We provide such support by assessing the impact of the Medicaid expansions over the 1983-1996 period on the incidence of avoidable hospitalizations. We find that expanded public insurance eligibility leads to a significant decline in avoidable hospitalization: over this period Medicaid eligibility expansions were associated with a 22% decline in avoidable hospitalization. But we also find that there is a countervailing and larger impact in terms of increased access to hospital care for newly eligible children, so that there is an overall 10% rise in child hospitalizations due to the expansions. The expansions have mixed implications for treatment intensity, but appear to be associated with a significant shift in the types of hospitals at which children are treated, with fewer children treated in public hospitals and more in for-profit facilities.
通常声称扩大公共健康保险的好处之一是提高了医疗服务的效率,但这种说法几乎没有严格的实证支持。我们通过评估1983-1996年期间医疗补助扩张对可避免住院发生率的影响来提供这样的支持。我们发现,扩大公共保险资格导致可避免住院的显著下降:在此期间,医疗补助资格的扩大与可避免住院的下降22%有关。但我们也发现,就新获得资格的儿童获得医院护理的机会增加而言,存在一种抵消性和更大的影响,因此,由于扩张,儿童住院率总体上升了10%。这种扩大对治疗强度产生了复杂的影响,但似乎与儿童接受治疗的医院类型发生重大变化有关,公立医院的儿童治疗减少,营利性医院的儿童治疗增多。
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引用次数: 28
Tobacco Advertising: Economic Theory and International Evidence 烟草广告:经济理论和国际证据
Pub Date : 1999-02-01 DOI: 10.3386/W6958
H. Saffer, F. Chaloupka
Tobacco advertising is a public health issue if these activities increase smoking. Although public health advocates assert that tobacco advertising does increase smoking, there is significant empirical literature that finds little or no effect of tobacco advertising on smoking. In this paper, these prior studies are examined more closely with several important insights emerging from this analysis. This paper also provides new empirical evidence on the effect of tobacco advertising. The primary conclusion of this research is that a comprehensive set of tobacco advertising bans can reduce tobacco consumption and that a limited set of tobacco advertising bans will have little of no effect. The regression results indicate that a comprehensive set of tobacco advertising bans can reduce consumption by 6.3 percent. The regression results also indicate that the new European Commission directive tobacco advertising in the EC countries, will reduce tobacco consumption by about 6.9 percent on average in the EC. The regression results also indicate that the ban on outdoor advertising included in the US tobacco industry state level settlement will probably not result in much change in advertising expenditures nor in tobacco use. Under the settlement industry would also contribute $1.5 billion over five years for public education on tobacco use. This counteradvertising could reduce tobacco use by about two percent.
如果烟草广告增加吸烟,就会成为一个公共健康问题。虽然公共卫生倡导者断言烟草广告确实增加了吸烟,但有大量的实证文献发现烟草广告对吸烟的影响很小或没有影响。在本文中,这些先前的研究更密切地检查了从这一分析中出现的几个重要见解。本文还为烟草广告的影响提供了新的实证证据。本研究的主要结论是,一套全面的烟草广告禁令可以减少烟草消费,而一套有限的烟草广告禁令几乎没有效果。回归结果表明,一套全面的烟草广告禁令可以减少6.3%的消费。回归结果还表明,新的欧盟委员会指令烟草广告在欧共体国家,将减少约6.9%的烟草消费平均在欧共体。回归结果还表明,美国烟草业州一级解决方案中包含的户外广告禁令可能不会导致广告支出和烟草使用的太大变化。根据和解协议,烟草行业还将在五年内出资15亿美元用于烟草使用的公共教育。这种反广告可以减少大约2%的烟草使用。
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引用次数: 67
The Health Care System of the People's Republic of China: Between Privatization and Public Health Care 中华人民共和国的医疗保健制度:在私有化与公共医疗之间
Pub Date : 1900-01-01 DOI: 10.1111/issr.12004
Dong-mei Liu, B. Darimont
Chinese health care policy has undergone numerous reforms in recent years that have often led to new challenges, inciting the need for further reform. The most recent reforms attempt to find a middle path between public health care provision and commercial private insurance. In this way, China is following in the footsteps of countries that initially increased the role of privatization in the 1990s and at the beginning of the 21st century, but are now gearing towards public health care. However, this process of constant reform has led to a lack of transparency in the functioning of the health care system, provoking a loss in public trust. There remains an important degree of uncertainty about the future direction of developments in China. Nonetheless, a dual financing approach to health care using tax finance and social insurance might yet crystallize, offering a potential model to inform developments in other countries.
近年来,中国的医疗保健政策经历了多次改革,这些改革经常带来新的挑战,激发了进一步改革的需要。最近的改革试图在公共医疗保健提供和商业私人保险之间找到一条中间道路。在这种情况下,中国正在跟随一些国家的脚步,这些国家最初在20世纪90年代和21世纪初增加了私有化的作用,但现在正朝着公共医疗保健方向发展。然而,这种不断改革的过程导致医疗保健系统的运作缺乏透明度,从而导致公众信任的丧失。中国未来的发展方向仍存在很大程度的不确定性。尽管如此,利用税收融资和社会保险为医疗保健提供双重融资的办法仍有可能具体化,为其他国家的发展提供一种潜在的模式。
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引用次数: 15
Moral Force in the Rule of Law: Morality behind Abortion Laws and Right to Life of Foetus – in Context of Savita’s Case 法治中的道德力量:堕胎法与胎儿生命权背后的道德——以萨维塔案为例
Pub Date : 1900-01-01 DOI: 10.2139/ssrn.3661489
Dr. Om Prakash Gautam
Medically, three distinct terms viz. abortion, miscarriage and premature labour, are used to denote the expulsion of a foetus at different stages of gestation. Thus a term, abortion, is used only when an ovum is expelled within the first three months of pregnancy, before the placenta is formed. Miscarriage is used when a foetus is expelled from the fourth to the seventh month of gestation, before it is viable, while premature labour is the delivery of a viable child possibly capable of being reared, before it has become fully mature. Section 312 IPC made causing miscarriage an offence except in good faith for the purpose of saving the life of the woman without laying down the manner in which pregnancy could be medically terminated. Section 3 of the Medical Termination of Pregnancy Act, 1971 provides the guidelines or limitation within which the pregnancy could be terminated. A compromise which guarantees both protection of foetus as well as the freedom of abortion of a pregnant woman is impossible because termination of pregnancy always means “destruction of unborn life”. The legal order cannot, therefore, make a woman's self-determination, the principle of its regulations. On the other hand, protection of foetus must be given priority to the woman's right of self-determination.
在医学上,堕胎、流产和早产这三个不同的术语用于表示在妊娠的不同阶段排出胎儿。因此,只有在怀孕的前三个月,在胎盘形成之前,卵子被排出时,才使用“流产”这个术语。流产是指胎儿在怀孕的第四个月到第七个月被排出体外,在它能存活之前,而早产是指在它完全成熟之前,分娩了一个可能能够被抚养的存活的孩子。《IPC》第312条规定,造成流产是一种犯罪行为,除非是出于善意,为了挽救妇女的生命,而没有规定可以以何种方式医学终止妊娠。1971年《医疗终止妊娠法》第3节规定了终止妊娠的准则或限制。既保证保护胎儿又保证孕妇堕胎自由的妥协是不可能的,因为终止妊娠总是意味着“破坏未出生的生命”。因此,法律秩序不能把妇女的自决作为其规章的原则。另一方面,对胎儿的保护必须优先考虑妇女的自决权。
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引用次数: 0
Independence Is the New Health 独立是新的健康
Pub Date : 1900-01-01 DOI: 10.2139/ssrn.3401253
Laura D. Hermer
Medicaid plays key roles in supporting our nation’s health. Under the Affordable Care Act, Medicaid took an even more central position in public health endeavors by extending coverage in all interested states to millions of adults who typically fell through the health care cracks. Nevertheless, the Trump administration is now undoing these gains by actively encouraging states to curtail access to Medicaid in key respects while using the rhetoric of health. This article examines Trump administration efforts in two contexts: (1) state § 1115 waiver applications seeking to better align their Medicaid programs with cash welfare and food stamp programs, and (2) changes to Medicaid funding for contraceptive and other reproductive health services. It concludes that, to better protect Medicaid and strengthen public support for it, it may make more sense to focus not on granular medical outcomes when evaluating Medicaid’s success, but rather on the larger role it plays in supporting beneficiaries’ lives. The Trump administration is right that independence is healthy. However, it is difficult to be independent if one lacks health, or faces financial ruin if one needs healthcare, or has unreasonable or nonexistent family planning and reproductive health choices. Evidence suggests that stable, secure access to coverage via Medicaid, as one piece of our safety net, makes beneficiaries feel more emotionally and financially secure and provides them improved access to needed services. As such, if Medicaid were allowed to remain both expansive and stable, we may reasonably expect gradually to see more stability in communities supported by Medicaid and other social supports, and more freedom of opportunity for beneficiaries and their families. Such a strategy would call the Trump administration on its own rhetoric while providing working-class Trump supporters, among many others, with means to help attain their desired ends.
医疗补助在支持我们国家的健康方面发挥着关键作用。根据《平价医疗法案》(Affordable Care Act),医疗补助计划(Medicaid)在公共卫生事业中占据了更加核心的地位,它将所有感兴趣的州的医疗保险范围扩大到数百万通常没有享受到医疗保险的成年人。然而,特朗普政府现在正以健康为由,积极鼓励各州在关键方面削减医疗补助计划的覆盖面,从而抵消这些成果。本文研究了特朗普政府在两个方面的努力:(1)寻求更好地将其医疗补助计划与现金福利和食品券计划结合起来的州§1115豁免申请,以及(2)改变医疗补助计划对避孕和其他生殖健康服务的资助。它的结论是,为了更好地保护医疗补助计划并加强公众对它的支持,在评估医疗补助计划的成功时,更有意义的可能不是关注具体的医疗结果,而是关注它在支持受益者生活方面发挥的更大作用。特朗普政府认为独立是健康的,这是正确的。然而,如果一个人缺乏健康,或在需要医疗保健时面临经济崩溃,或有不合理或不存在的计划生育和生殖健康选择,则很难独立。有证据表明,作为我们安全网的一部分,通过医疗补助获得稳定、安全的覆盖,使受益人在情感上和经济上更有安全感,并为他们提供更多获得所需服务的机会。因此,如果允许医疗补助计划保持扩张和稳定,我们可以合理地期望在医疗补助计划和其他社会支持支持的社区中逐渐看到更多的稳定,并为受益人及其家庭提供更多的自由机会。这样的策略会让特朗普政府屈服于自己的言论,同时为特朗普的工薪阶层支持者以及其他许多人提供帮助实现其预期目标的手段。
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引用次数: 0
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