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American Bar Association Antitrust Law
Section: Pharmaceutical Industry Antitr

Pharmaceutical Industry Antitrust Handbook

Third Edition

Róisín Á Costello provides a critical analysis of the ways in which law is portrayed in Irish literature and argues that authors from Ireland (writing in both Irish and English) have consistently used literature as a mechanism to challenge and critique institutional power. In doing so, she argues that Irish literature, and the narratives it has created about law, have been used to re-assert and recomplicate Irish identities at sites of conflict and to interrogate the legitimacy of power and how it is exercised. Drawing on a range of texts including novels, poetry, plays, song and satire, Costello illustrates that Irish literature has acted as a decolonial and intersectional force in critiquing the institution of law and constructing national, linguistic and political identities in Ireland. She traces a pattern in which Irish authors consistently used literature as a lens for legal analysis in Ireland, using their work to address fundamental concerns about the legitimacy of law, the role of doubt in legal proceedings, the need for popular accountability, and the marginalisation of minority groups an identities by formal institutions and system.

Critical Approaches to Institutions, Power and Identity

Law in Irish Literature

Contemporary Studies in Corporate Law

Many attempts have been made to reduce the harms caused by business and to make companies become socially responsible. This book approaches the subject from a new perspective arguing that reflexive law offers the best means to align the interests of large companies with those of society and that recent developments in European company law fit a reflexive model. A reflexive company law, rather than trying to directly regulate companies, aims to affect internal decision-making processes to make companies responsive to outside interests and prevent them from operating as closed systems singularly focused on shareholder value. In this vein, the EU has recently imposed new obligations on companies to develop corporate sustainability reporting and due diligence processes as part of its objective to create a climate-neutral and sustainable economy. This book presents an argument for how the 'societal company' - a company that has an internal culture of transnational responsibility to do no harm but that retains the autonomy necessary to be economically productive - can be established through reflexive law. The book will appeal to researchers, policy makers and lawyers interested in corporate sustainability, regulatory theory, company law and EU law.

Sustainability, Shareholder Value, and European Company Law

The Societal Company

This book explores how different legal systems handle a particularly difficult type of corporate wrongdoing: Catholic dioceses' responsibility for child sexual abuse. Usually, when people think about corporate wrongdoing, they think about tax fraud, insider trading, and similar 'white-collar' crime. As corporations, dioceses' responsibility for child sexual abuse exists separately from that of individual perpetrators, and this corporate responsibility is the focus of this book. Through an analysis of cases involving dioceses that have significant documented histories of priests abusing children, this book illustrates how criminal law, canon law, tort law, bankruptcy law and an Australian Royal Commission have responded (or why they have not). The cases involve the Diocese of Ballarat, in Victoria, Australia, and the Diocese of Gallup, in northern Arizona and New Mexico, in the United States. Each diocese faced similar claims in a diverse field of legal systems, so very different legal systems were handling, in essence, the same cases in dissimilar contexts. Employing a novel interdisciplinary approach, the book traces the theories, purposes, doctrines, procedures, and logistics of engaging with these different legal systems - evaluating what they can and cannot do. Revitalising theories of responsive law, the book demonstrates that it is possible for legal systems to better hold not just Catholic dioceses, but corporations more generally, to account for wrongdoing, but we may need to rethink how those systems are structured.

Catholic Dioceses, Legal Systems, and Corporate Accountability

This book presents a contemporary perspective on legal rights centred on the longstanding will theory-interest theory debate. Starting with classical rights literature, central aspects of the debate in its modern idiom are contextualised within a social theory setting developed from the writings of Max Weber. The book explores the idea that the institutional and coercive character of legal enforcement necessitates viewing legal rights as a locus of social power residing within the 'institutional imagination': that is, in the decision-making of key institutional actors such as judges, prosecutors, police, governmental authorities - and ultimately supreme court judges - who routinely mobilise coercive mechanisms towards the enforcement of legal rights and powers. This marks a departure from the trend of rights literature to view legal rights largely from the standpoint of the right-holder. The book also touches on whether the emerging perspective points towards a 'third way' beyond the traditional two theoretical approaches. A major task of the study is the construction of an archetypal supreme court judge - personifying the 'institutional imagination' - fashioned, via Weberian sociology, from a critique of Ronald Dworkin's 'Herculean' judge and measured against doctrinal exegesis that draws on sources which include UK higher appellate court judgments.

Legal Rights and the Institutional Imagination

Every year, millions of people claim Universal Credit and disability benefits, but far fewer feel justly treated. Just Bureaucracy asks why, and what can be done about it. Drawing on empirical research with thousands of welfare claimants, it reveals what justice actually means to the people who depend on the welfare state. It shows that when the system gets this right, claimants cooperate, engage, and trust. When it gets it wrong, the costs are steep. Rigorous and urgent, Just Bureaucracy provides a new case for fairer administration as a pathway to more effective governance.

Managing Claims Fairly in the Modern Welfare State

Just Bureaucracy

A Practitioner's Guide to Building Data-Driven Business Cases

Investing in Health

This innovative work offers a new perspective on the established tort of misuse of private information, contending that English law has evolved a sophisticated mechanism for the protection of privacy and the protection of the economic value in private information. Although information generally is not property, private information now appears to be treated by English law as a form of property, giving the owner of the information rights of exclusion, exploitation and transfer. Balancing philosophical discussion of the fundamentals with a detailed analysis of the practical difficulties of "propertising" information, the book suggests that English law has evolved a powerful tool for the protection of privacy in this data-driven world.

Privacy as Property

*A Radio 4 Book of the Week*'Captivating, mind-boggling and deeply disturbing' - Maureen Freely'Humane, thoughtful and urgent - this book will make you think, make you laugh, make you cry, but also make you burn with rage' - Dr Mary WellesleyA thought-provoking deep dive into the global fertility industry and the commodification of the maternal body__________Should surrogacy be a paid service, an altruistic act - or even legal at all?Is it right that you can pay more for 'VIP' egg donors - and to view their photos?How much, if anything, should breastmilk cost - and who should be allowed to buy it?The global fertility industry is rapidly growing, hugely profitable and morally complex. This an industry where one person's biological bad luck can be another person's financial gain. From egg freezing to black-market breastmilk, the maternal body has never been more commodified, yet the ethical, emotional and economic implications are rarely considered.Through a combination of undercover reporting and detailed first-hand accounts Alev Scott exposes how the IVF, surrogacy and milk industries operate around the world and who is profiting. In doing so, she considers the blurred line between exploitation and empowerment. Who should make money from the maternal body: only the women themselves, anyone or no one?Timely, thought-provoking and compelling, Cash Cow is an unmissable investigation into how desire, desperation and commerce intersect, and the impact the fertility industry has on individuals.__________'A powerful, intimate and disturbing exploration of the hidden markets built on women's bodies' Professor Peter Frankopan'An absolute must read for anyone considering surrogacy; a compelling and thought-provoking book for everyone else' Jack Farchy, co-author of The World for Sale

How the Maternal Body Became a Global Commodity – and the Hidden Costs for Women

Cash Cow

A compilation of federal regulations, the Code of Federal Regulations (CFRs) are an authoritative source of government information representing broad subject areas.

Code of Federal Regulations, Title 40 Protection of the Environment 72-79, Revised as of July 1, 2024

This book radically reforms the classical paradigm of international law. It proposes a novel theoretical framework of the 'separation of powers in a globalised democratic society', where both actors and norms are pluralised beyond a unitary and monolithic 'state' and international law as norms of, by, and for 'states'. The book applies this framework to holistically examine the interactions between human rights treaty organs - the European Court of Human Rights, the Inter-American Court of Human Rights, and the UN Human Rights Committee - and state organs, including parliaments, courts, administrative organs, and national human rights institutions. The book provides an innovative, original contribution to both the theory and practice of international human rights law. Winner of the 59th Adachi Mineichiro Memorial Award.

Beyond Monolithic States

Pluralising Actors and Norms in Human Rights Treaties

Routledge Research in Human Rights Law

Business and Human Rights in Africa raises interesting questions about the legitimacy and long-term viability of the business and human rights agenda in Africa, and in developing countries more generally. It explores the key issues for business and human rights in Africa and asks how and to what extent are the UN Guiding Principles changing the law and policy in Africa or the behavior of businesses operating in the continent? The book examines both the international and regional legal and policy initiatives on business and human rights in Africa and how these initiatives are being implemented in selected countries.

One of the most significant debates in international human rights law and in international law generally in the 21st century is about the responsibility of businesses for human rights in their areas of influence. The last decade witnessed significant, arguably monumental, development in global norms pertaining to the human rights obligation of businesses. Of particular significance is the emergence of a distinct business and human rights agenda driven by two normative instruments: the 2008 Protect, Respect and Remedy: a Framework for Business and Human Rights and the 2011 UN Guiding Principles on Business and Human Rights.Business and Human Rights in Africa raises interesting questions about the legitimacy and long-term viability of the business and human rights agenda in Africa, and in developing countries more generally. It explores the key issues for business and human rights in Africa and asks how and to what extent are the UN Guiding Principles changing the law and policy in Africa or the behavior of businesses operating in the continent? The book examines both the international and regional legal and policy initiatives on business and human rights in Africa and how these initiatives are being implemented in selected countries. Focusing in part on the extractive industry it consider the industry standards and best practices as well as the challenges the industry still faces in order to avoid human rights abuses. The book examines and evaluates emerging practices designed to minimize, manage, or mitigate corporate impact on human rights in Africa. It looks at the role of national and regional courts in Africa in ensuring accountability of businesses in Africa as well as considering the possible role for alternative dispute resolution mechanisms in realizing accountability.

History, Politics, Context, and Emerging Trends

Business And Human Rights in Africa

Lawton Robert Burns is the James Joo-Jin Kim Professor at the University of Pennsylvania. He is a professor in the Departments of Management and Health Care Management at the Wharton School.

Healthcare systems in the United States have engaged in multiple strategies of diversification over the past four decades. These strategies include horizontal integration, vertical integration, market diversification, unrelated business diversification, and financial risk contracts. Most of these strategies have not worked well. A growing number of these systems have already gone bankrupt, while others are teetering on bankruptcy. This volume depicts the strategies undertaken, the difficulties encountered, and the ensuing financial tragedy at three prominent systems: Allegheny Health Education and Research Foundation (AHERF), Jefferson Health System, and Steward Health Care. It also develops a grounded theory of how and why such bankruptcies occur.

The grounded theory identifies the main drivers of bankruptcy. These include forces at work in the executive suite, such as self-interest, self-preservation, and mimicry of other firms. Executives are also encouraged by investment bankers to enter into diversification strategies that involve acquisitions of other companies and grow the footprint of their organizations. In sum, executives are driven by personal ambitions and aspirations for their firms. Another set of drivers include lack of oversight exercised by the firm's board of directors, the speed with which diversification is undertaken, the lack of due diligence in reviewing other firms that are acquired, the failure to learn the historical lessons of other companies that have undertaken diversification, the failure to undertake strategies that are rooted in empirical evidence, the inability of diversifying firms to manage the complexity of the diverse operations they undertake and the diverse markets into which they diversify, the choice of the wrong markets to diversity into and the timing of these choices, and the failure to consider whether such strategies can succeed in an industry as complex as healthcare.

If that were not enough, other forces can doom diversification efforts. These include the lack of sufficient capital to sustain diversification, the resulting reliance on debt capital which often swamps firms, and the many mistaken beliefs and assumptions held by executives. Finally, environmental changes and unforeseen events severely challenge corporate strategy. Such changes often plague efforts to undertake risk contracting. None of these changes or events are considered in strategic planning.

Conglomerates, Complexity and Catastrophe in Healthcare

Pharmaceutical Industry Antitrust Handbook

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