The London School of Economics Media Policy Project has asked scholars, industry, and policymakers to reflect on this question: what does media pluralism policy look like in the digital age? My contribution argues that we need to have a broader conception of informational justice that encompasses all the ways people circulate information and are influenced … Continue reading Informational Justice as the New Media Pluralism…
Category: Blog
Oral argument in 1st appellate case to consider payment under Actavis
In FTC v. Actavis, the Supreme Court held that a brand payment to a generic to delay entering the market could have “significant anticompetitive effects” and violate the antitrust laws. In a narrow, formalistic ruling, the New Jersey district court in In re Lamictal held that such payments were limited to cash. On November 19, … Continue reading Oral argument in 1st appellate case to consider payment under Actavis…
How Not To Apply Actavis
One of the most pressing issues in patent and antitrust law involves agreements by which brand-name drug companies pay generic firms to delay entering the market. In FTC v. Actavis, the Supreme Court held that these settlements could violate the antitrust laws. And while the Court introduced a blueprint for analyzing the agreements, it anticipated … Continue reading How Not To Apply Actavis…
GMO Food Labeling on the Ballots – And in the Courts
In next week’s election, Oregon and Colorado will both put ballot measures before voters that would require mandatory labeling of GMO foods. Both measures say that a “yes” vote would satisfy consumers’ right to know about food composition, would allow them to make choices about their health and religious convictions, and is justified by scientific … Continue reading GMO Food Labeling on the Ballots – And in the Courts…
Farewell to Transparency: 10th Cir. Says Citizens United Need Not Disclose on Electioneering Films
Back in 2010, when the Supreme Court decided Citizens United, it said that we didn’t need to worry about equating money with speech. Allowing unlimited corporate expenditures on campaign ads wouldn’t distort electioneering communications because people could judge for themselves what to believe. As long as there was good disclosure about who was speaking. The … Continue reading Farewell to Transparency: 10th Cir. Says Citizens United Need Not Disclose on Electioneering Films…