Legal Team Research Articles

The Inflation Reduction Act: A boon for the generic and biosimilar industry.

After more than a year of negotiation, a $740 billion climate and health care bill known as The Inflation Reduction Act (IRA) became law on 16 August 2022. In addition to its impact on the environment, job creation and reducing inflation, a key focus is to reduce the burden of Medicare by over $100B per year and other benefits to 65 million Medicare patients. A fixed number of top expenditures drugs that have stayed as single-source chemical products for 8 years and the biologicals for 12 years; 2 years more are allowed if the approval of a generic or biosimilar is imminent. Once a second source appears, as a generic or biosimilar, the price reduction is removed. The number of products negotiated for price reduction goes from 10 to 20 over the years and stays fixed at this number. Reaching any significant number out of the 14,000 reimbursed will take forever if biosimilars and generics keep entering. The IRA does not apply to private markets. The IRA legislation and related statutes were analysed in consultation with legal teams; the spending data were derived from the CMS portals and the FDA databases to rank the most likely products selected when the selection process is initiated. The savings to Medicare will come from reducing the price of only a few products, primarily with $1B and upward spending; when Plan B product scheduling enters, these will be at the bottom of the selection because of their lower expenditure. The total number of products subject to price reduction may be negligible if generics and biosimilars are introduced after the exclusivity period of the listed drug or reference product. The private market with an 80% share may benefit due to price spillover but mainly by the expedited entry of generics and biosimilars. The entry of generics and biosimilars will now be encouraged by brand-name product companies, reducing the intellectual property hurdles like the "patent dance" for biosimilars. The IRA includes restrictions to prevent the brand name companies from exploiting the entry of generics and biosimilars to assure their independence.

The Crucial Conditions and Attributes of Domestic Subcontract in Malaysian Construction Industry

The duties and responsibilities of the parties signing a contract are governed by the previously agreed terms of the contract. General conditions are a standardized form of pre-printed contract which specifies the general project rules and relevant commercial terms. The contracts are developed and published by various associations and professional bodies and are widely used in the construction industry. In the Malaysian construction industry, there are several standard forms of main contracts and nominated subcontracts. However, for a domestic subcontract, the main contractor prefers to use a bespoke contract, which results in contract disputes. Drafting a complex contract can be time-consuming and expensive. It also requires the involvement of the legal team to provide legal opinions and advice on its content. Hence, this study intends to identify domestic subcontract attributes and critical conditions to overcome the major issue of unclear terms and conditions for the domestic subcontract. A set of attributes and critical conditions have been established through a detailed review and analysis of twenty-two (22) bespoke contracts collected from the industry and an extensive literature review from published articles. Content analysis was done on leading academic journals in construction engineering and management. Clarity, consistency, parties, risk, language, and format of the domestic subcontract are some of the attributes. Meanwhile, payment, liquidated damages, delay, subcontract sum, termination, variation order, practical completion and defect liability period, commencement and completion, and safety provision are the most crucial conditions discovered through extensive review and content analysis of the bespoke contracts. The advantage of establishing these characteristics and critical conditions is that they serve as a prerequisite for the development of a domestic subcontract framework

Ask Athena: What To Do When a Board Member Stands Accused

Ask Athena is Science Editor’s advice column for your most challenging publishing and editing questions. Submit your questions to scienceeditor@councilscienceeditors.org Dear Athena, Our journal has a large editorial board, and one of our members has just been charged with a crime. A trial will be forthcoming, but there has not yet been a decision of guilt. The crime does not involve research misconduct, but is loosely related to our profession. What should the journal do now? —Accused Dear Accused, How unfortunate. Because you don’t have a lot of information, and nothing has been decided in a court of law, it is best at this point to remain cautious and remember that this person is innocent until proven guilty. You should not do anything that would punish the board member before you have more information. If your journal is published by a society, you should consult with the legal team, either in-house or external. They can advise you as to how to proceed. The society may have a policy for such situations, and there may be ramifications to this person’s volunteer activities if they go beyond peer review. For example, the person may not be allowed to serve on committees until the outcome of the trial is determined, or their name may need to be removed from the Editorial Board listing. If you are with a large publisher, they will likely have legal counsel that can provide input. Your next steps as a journal depend somewhat on your level of […]

THE MANY LIVES OF CONSTANCE BAKER MOTLEY

THE MANY LIVES OF CONSTANCE BAKER MOTLEY

The Fight for Fair Training: Fair Employment, Defense Worker Training, and the African American Civil Rights Movement in the South, 1940–1945

The Fight for Fair Training:Fair Employment, Defense Worker Training, and the African American Civil Rights Movement in the South, 1940–1945 Bryant Etheridge (bio) If Thurgood Marshall took offense at being counseled on litigation strategy by someone who lacked legal training, he chose not to show it. John L. LeFlore, the secretary of the Mobile, Alabama, chapter of the National Association for the Advancement of Colored People (NAACP), was urging him to make better use of the Supreme Court's recent decision in Missouri ex rel. Gaines v. Canada (1938). It was 1941, and LeFlore was deeply involved in the wartime civil rights struggles of Black Alabamians, especially their fight to gain employment in the state's booming industries. The Gaines ruling, he advised Marshall, constituted a vital doctrinal resource in the fight for fair employment. Marshall informed LeFlore that the NAACP's legal staff, in response to similar requests from most of the organization's branches, was already developing a test case that addressed LeFlore's concerns. At the upcoming annual conference in Houston, Texas, NAACP members from around the country would coordinate legal strategy. LeFlore, Marshall suggested, could contribute to that effort by representing the NAACP branches of Alabama at the June 1941 conference.1 [End Page 501] As LeFlore fought racism in wartime Mobile, he had no higher priority than winning access to good jobs for Black residents. The struggle to overcome white opposition to equal employment opportunity in the city's shipyards occupied him and other local activists for the rest of the war. While employment as unskilled laborers was often open to African Americans, semiskilled or skilled work was not. As a result, moving up the occupational ladder was a civil rights imperative in Mobile, as it was throughout the United States, during World War II. The assault on the Jim Crow racial division of labor was foremost on LeFlore's mind when he contacted Marshall.2 LeFlore proposed to make the Gaines case, a lawsuit that was part of the NAACP's campaign against segregation, central to attacking racialized economic inequality. The case involved an African American plaintiff, Lloyd Gaines, who had applied to the law school at the University of Missouri. The all-white university rejected Gaines's application. Missouri instead offered to pay Gaines's tuition at an out-of-state law school, a workaround that many southern states used to avoid complying with even the separate-but-equal stipulation of Plessy v. Ferguson (1896). Gaines declined that arrangement, and the NAACP's legal team filed suit. In 1938, the Supreme Court ruled that Missouri's tuition reimbursement program was unconstitutional. The ruling left the state with two options for graduate law education: to open a law school for Black students or to admit Black students to the existing institution. Although the decision stopped well short of ending segregation in higher education, it was an important milestone on the long road to Brown v. Board of Education (1954). With the Gaines lawsuit, NAACP lawyers aimed, in part, to make segregation too expensive to sustain. The cost of creating separate-but-equal programs in every area of graduate and professional study, they wagered, would prove too heavy a burden for southern states to bear.3 The faith LeFlore showed in the Gaines ruling as a solution to the problem of fair employment in Mobile's shipyards appears misplaced. The categorical distinction between the NAACP's legal campaign against segregated education, on one hand, and the concurrent but separate fight for economic justice, on the other, underpins our basic conceptualization of the civil rights movement in the 1940s. If alleviating [End Page 502] economic inequality was LeFlore's objective, his propounding the utility of Gaines seems to amount to a non sequitur. Perhaps LeFlore was confused. Perhaps, in offering guidance on constitutional law to an NAACP attorney, he had gotten in over his head and misconstrued the Court's ruling in Gaines. Or maybe LeFlore just screwed up and cited the wrong case. If LeFlore misunderstood the Gaines decision, he was not alone. He informed Marshall that in Mobile, Black residents stood broadly in support of using Gaines as a...

Exploring business strategies for assuring compliance to changes in employment laws

Noncompliance with employment and labor laws can result in compensatory and punitive damages, adversely impacting business profitability. Human Resources (HR) personnel who lack strategies to anticipate and react to changes in employment laws risk penalties for noncompliance, resulting in reduced profitability. Grounded in the top-down model of adaptation and political risk management, the purpose of this qualitative multiple case study was to explore strategies some HR personnel use to anticipate and react to changes in employment laws, to avoid compensatory and punitive damages. The participants included nine HR personnel from nine organizations located in the District of Columbia, Maryland, and Virginia tristate area who implemented successful strategies to align with mandated legislation and other existing and new employment laws. Data were collected using semistructured interviews and review of company documents related to applicable labor laws. Thematic analysis was used to analyze the data. Three themes emerged: (a) strategies to anticipate and react to changes in employment laws; (b) strategies to anticipate and react to changes in “ban the box” legislation; and (c) obtaining feedback on reacting to changes in employment laws. Key recommendations include: (a) providing employment law compliance education and training programs for all supervisors and HR staff; (b) changing the company culture and values, beginning with upper management; and (c) collaborating with the legal team to ensure compliance. The implication for positive social change includes increased employment among marginalized members of society, including persons with criminal histories, which may reduce crime rates, recidivism, and reliance on government assistance programs.

Social Work Advocacy in Federal Immigration Courts

Advocacy for immigrant families undertaken by social workers, attorneys, and other supporters to protect against deportation, detention, and unfair government policies occurs mostly in immigration and federal courts. Social workers bring unique knowledge and skills that enhance legal teams’ representation of immigrants. This paper provides case illustrations of social work’s contribution in three types of legal actions. One illustration from immigration court demonstrates the social work consultant’s role in cancellation of removal cases when undocumented immigrants have US-citizen children. A second case is a federal class-action lawsuit to end the detention of asylum-seeking families. The third case was a federal lawsuit to dismantle bureaucratic policies and procedures that undermined the legal rights and well-being of unaccompanied children. In each of these actions, social work knowledge influenced lawsuits that can have lasting policy impact. While this paper focuses on social work advocacy in immigration cases, social work extends to many other areas of advocacy in the legal system. Social work consultants must have a clear understanding of what the attorneys are requesting to ensure that they have the requisite knowledge and skill to be optimally effective and to practice ethically within the scope of their expertise. Other implications include maintaining familiarity with contemporary social and behavioral research and providing expertise confidently in written reports and oral testimony in court. When social workers bring their expertise to legal teams in immigration cases, they promote the profession’s expertise and help families facing oppressive policies.

State Building in Crisis Governance: Donald Trump and COVID-19.

State Building in Crisis Governance: Donald Trump and COVID-19.

Seemingly irrelevant information? The impact of legal team size on third party perceptions

People often appear to use irrelevant information in forming judgments about others. Using survey experiments, we show that seemingly irrelevant facts may actually be informative of actors’ choices, which third parties can use to update their beliefs. Specifically, we show that subjects’ perceived severity and recommended punishment for offenses are significantly increasing in the number of lawyers representing defendants. However, once subjects are informed that the defendant was randomly assigned a specific number of lawyers, the significant relationship between the perceived seriousness of the offense and the number of lawyers largely vanishes. Thus, third parties in our benchmark analysis may be using the defendant’s legal team size as a proxy to update their beliefs regarding the nature of the offense committed, as opposed to being affected by irrelevant factors in forming judgments. This is because randomization makes it impossible for third parties to draw inferences regarding the nature of the offense committed by the defendant based on the number of lawyers. However, for some offenses, we find that increasing the number of lawyers raises third parties’ recommended sanctions even when the number of lawyers is randomly determined, which is consistent with a psychological phenomenon called ‘luck envy’.

Economic Analysis Methodologies Applied in Merger Investigations in the EU and China: Comparative Case Studies

Abstract Understanding the application of economic analysis methods in merger reviews across various jurisdictions can benefit antitrust authorities when reviewing cases and aid the legal and economic teams that work with merging parties in better anticipating concerns and outcomes. The comparative studies on economic analysis methods applied in merger cases have mainly been focused on China/the US and the EU/US. The objective of this study is to explore how the EU and China apply economic analysis methods to merger control enforcement for the same concentrations, by means of a comparative case study. Two research questions are addressed: (i) What are the economic analysis methods employed by Chinese antitrust authorities when investigating merger cases and how are they used? (ii) What similarities and differences exist between the antitrust authorities in the EU and China in applying economic analysis methods during merger case reviews?

The experience of the municipalities of Minas Gerais State (Brazil) that implemented local environmental licensing

The objective of this study was to explore the experience of the municipalities of the state of Minas Gerais that implemented local environmental licensing. For this purpose, representatives of the state administration were interviewed, and an electronic questionnaire was sent to analysts of 121 municipalities that took up environmental licensing, from which 39 responses were obtained. The key drivers of local environmental licensing were concerns over licensing procedural delays by the state government and the need for administrative efficiency. Knowledge of local conditions and the proximity between the local government, communities and developers were identified as facilitators of licensing. Shortage of staff, precarious hiring processes, and lack of infrastructure were identified as the main barriers to local environmental licensing. The municipalities that have implemented local environmental licensing perceive planning, administrative capacity, competent technical and legal teams, and capacity-building as essential elements of an effective local environmental licensing system. The study concludes with suggestions of future research avenues.

Diminishing Dreams

Diminishing Dreams

In Pursuit of “Equality of Opportunity”: Ernesto and Karla Galarza Challenge School Segregation, Washington, DC, 1947

Abstract This article examines the case of Karla Galarza v. Washington, DC Board of Education. On April 3, 1947, Karla Galarza refused to accept the board's directive to withdraw from the Black segregated Margaret Murray Washington Vocational School. Her father, Dr. Ernesto Galarza, supported her decision and worked to challenge the expulsion, and the system of segregation, as unconstitutional. The authors analyze materials from regional and national archives, oral accounts, legal documents, and personal collections, focusing on Dr. Galarza's voice in over one hundred pages of correspondence. Dr. Galarza brought together an interracial legal team, including Charles Hamilton Houston, the National Association for the Advancement of Colored People, the American Civil Liberties Union, the American Jewish Congress, and the National Lawyers Guild. Dr. Galarza lauded the pedagogy of a Black teacher and the pluralism cultivated in a Black school community as evidence of democracy in action. The legal team proposed that Karla's expulsion constituted a violation of the Fifth Amendment, naming education as a property right. However, after extensive research and discussion across ten months, the organizations determined they should not pursue the case in court. The authors assert that this attempted legal intervention is an unnamed forerunner in the attack on Plessy v. Ferguson and complicates previous narratives of the long struggle to end school segregation.

Legal challenges of globalization of modern business

The focus of the research is on a number of international legal elements that emerge from new perspectives on technology advancement, finance, sustainable development, environment, and other fields, and which influence how businesses see using legal services. The book is predicated on the idea that businesses must prepare for potential legal issues due to the environment of new technology, intense global interconnection, and universalization of values. The objective of the work derives from the business function, which enhances social stability in addition to profit. As a result, it should comply with efficiency and sustainability standards to maintain competitiveness, which necessitates a review of the best model for using legal teams in businesses. The article examines how international legal issues have affected business, how to engage with legal advisers, and how to cope with contemporary normative frameworks in the workplace in this setting. The analysis's findings give rise to the conclusion that hiring legal counsel early on affects a company's productivity and long-term viability and that lawyers may function as an entrepreneur's strategic partner in defining the direction of the company's future.

Monkey Business in a Kangaroo Court: Reimagining Naruto v. Slater as a Litigious Event

Abstract This essay performs a critical rhetorical analysis of out-of-court texts pertaining to Naruto v. Slater, colloquially known as the “Monkey Selfie Lawsuit.” By veering from a legal positivist perspective on law and turning toward theories of the public screen, it argues that while People for the Ethical Treatment of Animals (PETA) formally lost its case on appeal, it successfully litigated their case in the court of public opinion. It further offers the concept of the “litigious event”—a staged lawsuit designed for mass media dissemination—to explain my perspective. By latching onto the already-viral monkey selfies at the center of the copyright dispute, PETA took advantage of the public screen by bringing a private, logocentric civil suit into a public, image-based digital sphere. Increased coverage of the case allowed PETA's legal team to harness the power of digital media to disseminate important arguments about legal rights for animals. Naruto v. Slater functioned as a trial for media, as a strategic lawsuit for public participation—in other words, as a strategically sound and rhetorically powerful litigious event.

Child Maltreatment & Child Migration: Abuse Disclosures by Central American and Mexican Unaccompanied Migrant Children

While gang violence, community violence, and domestic violence have been recognized as contributing factors to Central American migration, less is known about the intersection between child maltreatment and migration. This article uses secondary data from United Nations High Commissioner for Refugees (UNHCR) interviews with unaccompanied minors from Central America and Mexico to examine child maltreatment. It provides information on the abused children, their abusers, and the questions that led to their disclosure of maltreatment. It finds that girls reported maltreatment at higher rates than boys; only girls in this sample reported sexual abuse and intimate partner violence; and boys experienced physical abuse more than any other form of maltreatment. Overall, girls experienced all forms of abuse at higher rate than boys. Fewer than half of this sample described maltreatment as an explicit reason for migration, even those who viewed it as a type of suffering, harm or danger. In addition, some disclosures suggest that childhood transitions, such as in housing, schooling, or work status, warrant further inquiry as a potential consequence of or contributor to maltreatment. The article recommends that professionals engaged with migrant children in social services, legal services, or migration protection and status adjudications should inquire about maltreatment, recognizing that children may reveal abuse in complex and indirect ways. Protection risks within the home or family environment may provide the grounds for US legal immigration protections, such as Special Immigrant Juvenile Status (SIJS) or asylum. Practitioners working with unaccompanied migrant children should use varied approaches to inquire about home country maltreatment experiences. Maltreatment may be part of the context of child migration, whether or not it is explicitly mentioned by children as a reason for migration. Policy Recommendations US Citizenship and Immigration Services (USCIS) should update SIJS regulations to reflect changes in the law, and modify application procedures to incorporate research knowledge on the impact of trauma on children. The US Departments of Homeland Security (DHS), Justice (DOJ), and Health and Human Services (HHS), should ensure that all children in immigration proceedings receive legal representation through public-private partnerships overseen by the HHS Office of Refugee Resettlement (ORR). Passage of Senate Bill 3108, the Fair Day in Court for Kids Act of 2021, 1 would at least guarantee legal representation for unaccompanied minors. Codify legal standards (via USCIS regulation, or Congressional statute) for granting asylum based on gender and gender-based violence, and include standards for children and youth. Adjudicators from USCIS, Asylum Offices, and the Executive Office for Immigration Review (EOIR) should consider new information about painful, traumatic, or shame-inducing experiences—such as child maltreatment—as part of the gradual process of disclosure, rather than negatively reflecting on the credibility of the applicant. Federal agencies with immigration responsibilities such as USCIS, Immigration and Customs Enforcement (ICE), and ORR, should be included in the federal government’s Substance Abuse and Mental Health Services Administration’s (SAMHSA) Interagency Task Force for Trauma-Informed Care. These agencies should require new trainings for immigration adjudicators, including immigration judges, asylum officers, Border Patrol agents, and Customs and Border Patrol (CBP) officers, on interviewing and making decisions related to children. Legal service providers should adopt a holistic approach to service provision that includes social workers as part of the child’s legal team.

Landscapes of rizq: Mediating worldly and otherworldly in Lahore's speculative real estate market

The city of Lahore, Pakistan, has expanded by 20% in the past twenty years alone. Lahore's exponential growth is fueled by a speculative real estate market that incentivizes quick trades of plots of land rather than constructing buildings. At the city's ever‐expanding periphery, real estate developers armed with village maps and legal teams scout for cheap land, while agricultural landowners negotiate within extended families over whether to sell and demand higher prices based on their knowledge of market rates. In WhatsApp groups, overseas Pakistani investors carefully monitor land acquisition efforts by sharing news articles, personal photos and videos, Google Earth images, and copies of government documents to make their own assessments about the value of land. But although real estate is the most popular financial investment in Lahore, it is also extraordinarily risky. Developers sell land before they have acquired it; investors make high‐risk, high‐reward purchases in illegal projects; and even gains become losses due to an unstable national currency. On the basis of twenty‐eight months of ethnographic fieldwork, this article analyzes how developers and investors navigate risk through the concept of rizq, or the Islamic belief that material wealth is provided by God. I show how rizq mediates the worldly economy of real estate and the otherworldly economy of Islam, dual economies between which all credits and debts are eventually settled. Reducible to neither Islam nor capitalism, I argue that rizq enables a uniquely audacious form of risk taking that is transforming the landscape of Lahore.

An Evaluation of Clinical Learning Experience among Fourth-year Nursing Students of Nueva Ecija University of Science and Technology

The clinical learning environment is an essential component of nursing education as it allows students to integrate theory into clinical practice. However, it is considered a critical factor as it may or may not help the student nurses grow and expand their knowledge, skills, and professional attitude. As such, this study described the clinical learning experience of the fourth-year nursing students of Nueva Ecija University of Science and Technology examining the underlying factors that influence the entire learning experience. The study utilized a descriptive – quantitative correlational design and total enumeration as the sampling procedure. The result showed that most of the respondents were in the early adulthood; female; monthly family income is 5,001-10,000, and preferred working in base hospital, operating room; and preferred the morning shift. The core competencies in which the respondents showed enhanced performance and aptitude were legal responsibility, ethico-moral responsibility, and collaboration and team work. The lowest, on the other hand, were personal and professional development, quality improvement, safe and quality nursing care, and research. A significant relationship between the actual age and safe and quality nursing and communication core competencies. A proposed action plan was devised for student nurses to strengthen their research competency.

Racial Trauma in Civil Rights Representation

Narratives of trauma told by clients and communities of color have inspired an increasing number of civil rights and antiracist lawyers and academics to call for more trauma-informed training for law students and lawyers. These advocates have argued not only for greater trauma-sensitive practices and trauma-centered interventions on behalf of adversely impacted individuals and groups but also for greater awareness of the risks of secondary or vicarious trauma for lawyers who represent traumatized clients and communities. In this Article, we join this chorus of attorneys and academics. Harnessing the recent civil rights case of P.P. v. Compton Unified School District, we illustrate how trauma-informed lawyering can both advance civil rights and provide healing for affected communities and individuals. In so doing, we focus our analysis on the use of racial trauma evidence in the Compton school litigation specifically and in contemporary civil rights representation more generally. Building on our prior work on race, cultural trauma, and civil rights lawyering, we investigate the meaning of racial trauma for individual, group, and community clients and for their legal teams while detailing the importance of establishing a trauma-informed practice for today’s civil rights lawyers. This litigation-based investigation shows that sociolegal meaning is bound up in the struggle to accommodate community violence-centered racial trauma advocacy within traditional lawyering processes and legal ethics frameworks. Often overlooked, that ethical and professional struggle affects the form and substance of lawyer decisionmaking and discretion in civil rights cases.

SETTLEMENT OF NON-PERFORMING LOAN THROUGH MEDIATION AT BANK OF CENTRAL ASIA CO., LTD. OF BENGKULU BRANCH OFFICE

This study aims to determine and analyze the settlement of problem loans through the mediation of PT. Bank Central Asia Bengkulu Branch and to identify and explain the obstacles that arise in the settlement of non-performing loans at PT. Bank Central Asia, Bengkulu Branch. The research method used is empirical legal research, the research location was at PT Bank Central Asia Bengkulu Branch Office, the data collection technique was carried out through interviews. In PT Bank Central Asia, Bengkulu Branch, there are 178 people who are debtors. If the debtor does not fulfill his obligations, there will be default, which can cause the credit activity to become a non-performing loan. The settlement of non-performing loans at PT Bank Central Asia, the bank first carries out the negotiation stage, if the obligations are still not fulfilled by the debtor, the next step is to carry out the mediation process. The process of settling non-performing loans through mediation at PT Bank Central Asia Bengkulu Branch is carried out by means of internal mediation, which is the mediator, namely from the Legal and Compliance Task Force team at the Sentul Head Office, Bogor. There are 7 debtors who have completed problem loans until the mediation stage. The non-performing loan settlement process has never been carried out by means of litigation and never through OJK. Inhibiting factors have 2 causes, namely from internal factors and external factors. The suggestion for this research is to provide insights about the mediation process to the debtor so that the debtor understands the mediation process.