Georgetown University Law Center

About: Georgetown University Law Center is a based out in . It is known for research contribution in the topics: Supreme court & Public health. The organization has 585 authors who have published 2488 publications receiving 36650 citations. The organization is also known as: Georgetown Law & GULC.

Exclusionary Conduct, Effect on Consumers, and the Flawed Profit-Sacrifice Standard

Abstract: There is currently great intellectual ferment over the proper antitrust liability standard governing allegedly exclusionary conduct under Section 2. This article (which is forthcoming in the Antitrust Law Journal) focuses on the two main competing liability standards: the profit-sacrifice standard (and the no economic sense variant of the test) and the consumer welfare effect standard. The central thesis of this article is that the use of the profit-sacrifice test as the sole liability standard for exclusionary conduct, or as a required prong of a multi-pronged liability standard is fundamentally flawed. The profit-sacrifice test may be useful, for example, as one type of evidence of anticompetitive purpose. In unilateral refusal to deal cases, it can be useful in determining the non-exclusionary benchmark. However, the test is not generally a reliable indicator of the impact of allegedly exclusionary conduct on consumer welfare - the primary focus of the antitrust laws. The profit-sacrifice test also is prone to several significant pitfalls and often would be complex and subjective to implement in practice. As a result, relying on the profit-sacrifice test as the legal standard would lead to significant legal errors. Instead, a better standard to govern exclusionary conduct is the consumer welfare effect test which is focused directly on the anticompetitive effect of exclusionary conduct on price and consumer welfare. This standard can be described in various ways: for example, as conduct that is "unreasonably exclusionary" or "unnecessarily restrictive", or simply as conduct that causes "consumer harm on balance". This can be implemented without causing excessive false positives that might lead to over-deterrence or a welfare-reducing diminution in innovation incentives. Many of the criticisms of the consumer welfare standard are based on a misunderstanding of the workings of the standard relative to the profit-sacrifice test. In fact, the consumer welfare standard exhibits fewer potential over-deterrence and under-deterrence errors in implementation.

The WHO Global Code of Practice on the International Recruitment of Health Personnel: The Evolution of Global Health Diplomacy

Abstract: The May 2010 adoption of the World Health Organization Global Code of Practice on the International Recruitment of Health Personnel created a global architecture, including ethical norms and institutional and legal arrangements, to guide international cooperation and serve as a platform for continuing dialogue on the critical problem of health worker migration. Highlighting the contribution of non-binding instruments to global health governance, this article describes the Code negotiation process from its early stages to the formal adoption of the final text of the Code. Detailed are the vigorous negotiations amongst key stakeholders, including the active role of non-governmental organizations. The article emphasizes the importance of political leadership, appropriate sequencing, and support for capacity building of developing countries’ negotiating skills to successful global health negotiations. It also reflects on how the dynamics of the Code negotiation process evidence an evolution in global health negotiations amongst the WHO Secretariat, civil society, and WHO Member States.

The Rise and Fall of Invasive ISP Surveillance

Abstract: Nothing in society poses as grave a threat to privacy as the Internet Service Provider (ISP). ISPs carry their users' conversations, secrets, relationships, acts, and omissions. Until the very recent past, they had left most of these alone because they had lacked the tools to spy invasively, but with recent advances in eavesdropping technology, they can now spy on people in unprecedented ways. Meanwhile, advertisers and copyright owners have been tempting them to put their users' secrets up for sale, and judging from a recent flurry of reports, ISPs are giving in to the temptation and experimenting with new forms of spying. This is only the leading edge of a coming storm of unprecedented and invasive ISP surveillance. This Article proposes an innovative new theory of communications privacy to help policymakers strike the proper balance between user privacy and ISP need. We cannot simply ban aggressive monitoring, because ISPs have legitimate reasons for scrutinizing communications on an Internet teeming with threats. Using this new theory, policymakers will be able to distinguish between an ISP's legitimate needs and mere desires.In addition, this Article injects privacy into the network neutrality debate - a debate about who gets to control innovation on the Internet. Despite the thousands of pages that have already been written about the topic, nobody has recognized that we already enjoy mandatory network neutrality in the form of expansive wiretapping laws. The recognition of this idea will flip the status quo and reinvigorate a stagnant debate by introducing privacy and personal autonomy into a discussion that has only ever been about economics and innovation.

Lessons from the experience of U.N. Convention on the Rights of Persons With Disabilities: addressing the democratic deficit in global health governance.

Abstract: This article reviews the contributions of the UN Convention on the Rights of Persons with Disabilities (CRPD) to the progressive development of both international human rights law and global health law and governance. It provides a summary of the global situation of persons with disabilities and outlines the progressive development of international disability standards, noting the salience of the shift from a medical model of disability to a rights-based social model reflected in the CRPD. Thereafter, the article considers the Convention's structure and substantive content, and then analyzes in specific detail the particular contributions of the Convention to health and human rights law and global health governance. It concludes with an exploration of the potential implications of the CRPD's innovations for some of the most pressing issues in global health governance, including the Convention's contributions to the principle of participation in decision-making.

Free at What Cost? Cloud Computing Privacy Under the Stored Communications Act

Abstract: The Stored Communications Act (SCA), a component of the broader Electronic Communications Privacy Act (ECPA), is the primary federal source of online privacy protections, but it is more than twenty years old. Despite the rapid evolution of computer and networking technology since the SCA’s adoption, its language has remained surprisingly static. The resulting task of adapting the Act’s language to modern technology has fallen largely upon the courts. In coming years, however, the courts will face their most difficult task yet in determining how cloud computing fits within the SCA’s complex framework.This Note ultimately concludes that the advertising supported business model embraced by many cloud computing providers will not qualify for the SCA’s privacy protections. In exchange for “free” cloud computing services, customers are authorizing service providers to access their data to tailor contextual and targeted advertising. This quid pro quo violates the SCA’s requirements and many customers will find that their expectations of privacy were illusory. Consequently, a cloud provider’s terms of service agreement may be the only privacy protections applicable to its customers.Subsequently, this Note explores whether the lack of privacy protections for cloud computing is consistent with Congress’s intent in adopting the SCA and whether it will be a catalyst for expanding privacy measures in the future. In response, Part V explores the SCA’s legislative history and argues that the modern form of cloud computing is incompatible with the concerns and Fourth Amendment principles that motivated Congress’s adoption of the Act. Part VI further examines potential judicial, legislative, and societal forces that could prompt revisions to the SCA, but concludes that the lack of privacy protections in cloud computing is unlikely to be addressed anytime soon.