Claire Kelloway & Matthew Jinoo Buck

Saturday, December 30, 2023 - 3:45pm

Dominant food manufacturers and similarly dominant retailers abuse their market power to corner food retail markets and marginalize new and community-based producers. This paper will examine the effects of one of these unfair tactics: exclusionary payments. Dominant food vendors can offer retailers powerful incentives for not dealing with rivals or limiting business with them, such as offering rebates tied to reaching a set sales volume or a portion of all purchases. Using qualitative data from interviews with food retail professionals, industry studies, and academic research, we will analyze both the prevalence of exclusionary discounts in food retailing and the barriers they may pose to market access for new, small, or community-based food businesses.

Our research suggests that exclusionary payments do exist in the grocery and institutional cafeteria industry but are more widespread in the latter. These payments have become an important revenue stream to retailers since the 1990s. As exclusionary payments become a greater part of the food retail business model, dominant firms can corner the lion’s share of retailers’ food spending and shelf space, excluding rivals and limiting growth for new and community-based businesses. Policymakers have several legislative and administrative options to contain exclusive arrangements.

Derek T. Muller

Wednesday, November 29, 2023 - 8:15pm

The affordability and value of higher education are matters of enduring public conversation. Increased scrutiny has led to increased disclosure. And for legal education, the affordability of legal education has been publicly debated. Affordability data has even been included in the rankings of law schools, which have recently faced pushback from law schools themselves. This essay describes the conversation and debate around law school rankings and affordability data, and it offers some ways for federal policy to help improve affordability disclosures for legal education.

Daniel E. Orr

Tuesday, November 21, 2023 - 2:00pm

In 1983, Congress enacted the Orphan Drug Act (ODA) to incentivize new treatments for rare diseases, called “orphan drugs.” The U.S. Food and Drug Administration (FDA) has approved over 700 new orphan drugs using these incentives. However, a poorly drafted section of the Inflation Reduction Act (IRA), which passed last year, is undoing them and may deprive millions of new treatments. This article describes the problem and some potential solutions.

Robert Capodilupo & Jacob James Rich

Tuesday, February 7, 2023 - 10:45am

The opioid crisis continues to ravage communities across the United States, which has motivated policymakers to seek interventions that reduce reckless medical practices that put patients in danger of addiction. In her Yale Law & Policy Review Article, The Prescription Abuse Prevention Act: A New Federal Statute to Criminalize Overprescribing Opioids, Rebecca A. Delfino proposes novel legislation to reform how the federal government prosecutes doctors who overprescribe controlled substances. However, many of the statistics Delfino cites to justify her legislation, such as “[s]eventy percent of [opioid overdose] deaths involve an opioid that a doctor legally prescribed,” are not supported by the literature. This comment corrects the errors presented in Delfino’s Article and presents novel data describing the origins of the opioid crisis. According to the National Household Survey on Drug Abuse (NHSDA), Purdue Pharma’s OxyContin was rarely used for nonmedical purposes in the late 1990s and early 2000s. Overall, given that opioid prescribing has decreased every year over the past decade, further reductions in prescribing that follow Delfino’s proposed Prescription Abuse Prevention Act may further exacerbate opioid overdoses by orienting both pain patients and recreational users to illicit alternatives, like heroin and fentanyl.

Matene Alikhani & Bruno Renzetti

Sunday, January 22, 2023 - 4:45pm

We argue that new technologies that allow greater data collection in food retail markets allow companies to exploit consumers’ personal data, potentially giving rise to new anticompetitive strategies. We look at the example of Amazon’s “Just Walk Out” technology to show how the company replicates online surveillance into the real world. We pinpoint privacy and competitive concerns related to the technology and propose policy solutions to the issues raised. We show that exploitation of consumers’ data is not inherently to the viability of this technology in the market.

Karissa Kang

Sunday, January 22, 2023 - 4:15pm

Stop & Shop uses restrictive covenants to reduce competition. Here’s how to fight back. 

Aliza Shatzman

Monday, August 29, 2022 - 10:00am

Judicial misconduct against clerks is poorly understood, which enables predatory behavior. By requiring law schools to collect and organize data about misbehaving judges as a condition of their accreditation, law schools can help ensure that students are safe and bring pressure on judges to behave better.