Isaac D. Buck Volume 71, Issue 2, 261-306 As it approaches its tenth birthday, the Patient Protection and Affordable Care Act (ACA) is devolving. Intended to solve problems that had vexed American health care for generations, the ACA built a comprehensive structure by...
Playing Both Sides? Branded Sales, Generic Drugs, and Antitrust Policy
Michael A. Carrier, Mark A. Lemley, & Shawn Miller Volume 71, Issue 2, 307-358 The issue of high drug prices has recently exploded into public consciousness. And while many potential explanations have been offered, one has avoided scrutiny. Why has the growth in...
Constitutional End Games: Making Presidential Term Limits Stick
Rosalind Dixon & David Landau Volume 71, Issue 2, 359-418 Presidential term limits are an important and common protection of constitutional democracy around the world. But they are often evaded because they raise particularly difficult compliance problems that we...
Unmasking the Right of Publicity
Dustin Marlan Volume 71, Issue 2, 419-474 In the landmark 1953 case of Haelan Laboratories v. Topps Chewing Gum, Judge Jerome Frank first articulated the modern right of publicity as a transferable intellectual property right. The right of publicity has since been...
Net Neutrality: A State[d] Approach
Katherine Grainger Volume 71, Issue 2, 475-500 In 2018, the Federal Communications Commission ended federal net neutrality protections in its Restoring Internet Freedom Order. In response, many states introduced legislation to create their own state-level protections....
The Inadequacies of the Cybersecurity Information Sharing Act of 2015 in the Age of Artificial Intelligence
Bert Lathrop Volume 71, Issue 2, 501-534 The relentless accumulation of private consumer information through online services has dramatically expanded the attack surface available to cyber-criminals and belligerent state actors looking to either enrich themselves or...