CALL FOR ABSTRACTS: 2017 Annual Conference
Transparency in Health and Health Care: Legal and Ethical Possibilities and Limits

Friday, April 28, 2017
Conferences
2016-2017
Wasserstein Hall, Milstein East ABC (2036)
Harvard Law School, 1585 Massachusetts Ave., Cambridge, MA

The Petrie-Flom Center for Health Law Policy, Biotechnology, and Bioethics at Harvard Law School is...

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Health Care after the Election

Monday, October 24, 2016 12:00 PM
Lectures and Panels
2016-2017
Wasserstein Hall, Milstein West AB (2019)
Harvard Law School, 1585 Massachusetts Ave., Cambridge, MA

Description:

As we approach the 2016 presidential election and change of administration, there are...

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With Aetna Pullback, Many Marketplaces Will Have Only One Insurer In 2017

Kaiser Health News, August 22, 2016

KHN Morning Briefing: Summaries of health policy coverage from major news organizations

The l...

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How Japan Is Dealing With Impacts Of Supporting The Oldest Population In The World

NPR, August 21, 2016
by Ina Jaffe, in conversation with Rachel Martin

Nearly 27 percent of the people in the country are 65 or older. NPR's Ina Jaffe visited Japan a...

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Think Your Obamacare Plan Will Be Like Employer Coverage? Think Again

New York Times, August 19, 2016
by Margot Sanger-Katz

When Obamacare was developed, one goal was to allow middle-class Americans to use the new marketpla...

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Where Insurers’ Exits Are Hurting Obamacare Exchanges — And Where They Aren’t

NPR, August 18, 2016
by Phil Galewitz

Some of the Affordable Care Act's insurance marketplaces are in turmoil as the fourth open enro...

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Aetna Warned DOJ: Block Humana Merger And We’ll Pull Out Of ACA Markets

Kaiser Health News, August 18, 2016

KHN Morning Briefing: Summaries of health policy coverage from major news organizations

A let...

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The 13 Percent: A Look At Who Is Still Uninsured 6 Years Into Health Law

Kaiser Health News, August 18, 2016

KHN Morning Briefing: Summaries of health policy coverage from major news organizations

Mille...

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People With Obamacare Plans Filled More Prescriptions, But Had Lower Costs

Kaiser Health News, August 17, 2016
by Shefali Luthra

The 2010 health law was meant to expand insurance coverage so that Americans could get medical care...

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Opinion: Please, Boston Nonprofit Hospitals, Can’t You Join Forces Instead Of Competing?

WBUR, August 11, 2016
by Michael Anne Kyle and Lauren Taylor (Student Fellow alumni)

Here in Boston, cooperation between health care providers is a fraught issue.

Competition is fierc...

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Customers’ Laser-Like Focus On Plan Prices Is Causing Concerns In Health Insurance Market

Kaiser Health News, August 15, 2016

KHN Morning Briefing: Summaries of health policy coverage from major news organizations

The c...

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More Small, Midsized Firms Choose To Pay Workers’ Medical Costs Directly

Kaiser Health News, August 12, 2016
by Michelle Andrews

Instead of buying a health insurance policy to cover their workers, a growing number of small and m...

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With Congress Deadlocked, White House Diverts Funds to Fight Zika

New York Times, August 11, 2016
by Julie Hirschfield Davis

WASHINGTON — The Obama administration on Thursday said it was shifting $81 million away from...

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GOP Candidates Distance Campaigns From ‘Repeal-And-Replace’ Mantra Of The Past

Kaiser Health News, August 11, 2016

KHN Morning Briefing: Summaries of health policy coverage from major news organizations

The h...

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Obamacare Appears to Be Making People Healthier

New York Times, August 11, 2016
by Margot Sanger-Katz

[...] A few recent studies suggest that people have become less likely to have medical de...

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Brewing Health Law Storm Could Rain On Next President’s First Month In Office

Kaiser Health News, August 11, 2016

KHN Morning Briefing: Summaries of health policy coverage from major news organizations

The f...

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Rule Aims To Curb Huge Out-Of-Pocket Costs For Patients Kept In ‘Observation Status’

Kaiser Health News, August 8, 2016

KHN Morning Briefing: Summaries of health policy coverage from major news organizations

Becau...

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Insurance Rules Can Hamper Recovery From Opioid Addiction

NPR, August 5, 2016
by Jake Harper

[...] The prior authorization process adds work for doctors and their staff, says Dr. And...

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The FDA is prohibited from going germline

Science, August 5, 2016
by I. Glenn Cohen (Faculty Director) and Eli Y. Adashi

Petrie-Flom Faculty Director I. Glenn Cohen has co-authored a new article in Science magazine&...

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Vexing Question on Patient Surveys: Did We Ease Your Pain?

New York Times, August 4, 2016
by Jan Hoffman and Sabrina Tavernise

The questionnaire arrives in the mail a few days after a patient’s discharge from the hospita..

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Obamacare Expansion A Bumpy Ride For Rural Health Clinics

Kaiser Health News, August 3, 2016
by Pauline Bartolone

A network of clinics that serves low-income patients in rural Northern California is finally findin...

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Cover Lets Household Drills Be Used in Surgery

New York Times, August 2, 2016
by Donald G. McNeil, Jr.

A sterile cover for hardware-store drills, which allows them to be used in operating rooms, is one...

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Aetna Backs Off Plans to Expand Its ACA Business:

Wall Street Journal, August 2, 2016
by Anna Wilde Matthews

Aetna Inc. became the last of the five major national health insurers to project a loss o...

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Opioid Dependence Leads To ‘Tsunami’ Of Medical Services, Study Finds

Kaiser Health News, August 1, 2016
by Julie Appleby

In one of the first looks at privately insured patients with opioid problems, researchers paint a g...

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Denied Coverage For Surgery, Transgender Man Sues His Insurance Provider

NPR, August 1, 2016
by Will Stone

A transgender man in Phoenix is suing his employer in federal court to pay for sex reassignment sur...

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Long-Term Care Is An Immediate Problem — For The Government

Kaiser Health News, August 1, 2016
by Anna Gorman and Barbara Feder Ostrov

[...] Experts estimate that about half of all people turning 65 today will need daily help as they...

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Some Doctors Improperly Bill Medicare Patients Who Also Qualify For Medicaid, Feds Warn

Kaiser Health News, August 1, 2016

KHN Morning Briefing: Summaries of health policy coverage from major news organizations

The g...

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Zika Cases in Puerto Rico Are Skyrocketing

New York Times, July 30, 2016
by Donald G. McNeil, Jr.

SAN JUAN, P.R. — The Zika epidemic that has spread from Brazil to the rest of Latin America i...

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To Help Obamacare, Anthem Says Larger Penalties, Enrollment Changes Help

Forbes, July 28, 2016
by Bruce Japsen

Anthem executives say larger penalties for Americans who don’t sign up for health insurance a...

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Warning: Government Listing Of Clinical Trials Doesn’t Disclose Costs To Patients

Kaiser Health News, July 28, 2016
by Emily Bazar

[...] The ClinicialTrials.gov website, run by the National Institutes of Health (NIH) through itsNa...

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Sen. Tim Kaine’s Record On Health Care:

NPR, July 27, 2016
by Rachel Bluth

As he takes the stage Wednesday night at the Democratic National Convention in Philadelphia, vice p...

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$1B Fraud Case Shines Light On Lucrative Medicare Black Market

Kaiser Health News, July 25, 2016

KHN Morning Briefing: Summaries of health policy coverage from major news organizations

Three...

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Mike Pence’s Health Policy Record Is A Mixed Bag

Kaiser Health News, July 21, 2016
by Jake Harper, WFYI

Indiana Gov. Mike Pence is in the spotlight this week as the man Donald Trump has picked to be his...

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​Justice Department Sues To Block Health Care Mega-Mergers

Kaiser Health News, July 21, 2016

KHN Morning Briefing: Summaries of health policy coverage from major news organizations

The d...

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Generic Crestor Wins Approval, Dealing a Blow to AstraZeneca

New York Times, July 20, 2016
by Andrew Pollack

The Food and Drug Administration said Wednesday that it had approved generic versions of...

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Pence’s Unwavering Crusade Against Abortion And What It Means For Trump

Kaiser Health News, July 18, 2016

KHN Morning Briefing: Summaries of health policy coverage from major news organizations

By pi...

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Will Federal Officials Practice What They Preach Over Aggressive Insurance Rate Reviews?

Kaiser Health News, July 18, 2016

KHN Morning Briefing: Summaries of health policy coverage from major news organizations

Four...

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Drugmakers Deploy New Patents To Delay Generic Versions Of Humira And Enbrel

Kaiser Health News, July 18, 2016

KHN Morning Briefing: Summaries of health policy coverage from major news organizations

In ot...

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Reefer Madness! Medical Marijuana Is Already Saving $165M Per Year For Medicare

Forbes, July 18, 2016
by Steven Salzberg

[...] A new study in the journal Health Affairs looked in great detail at presc...

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Herbalife Agrees To Pay $200 Million To Settle Complaints It Deceived Consumers

NPR, July 15, 2016
by Jim Zarroli

Herbalife has agreed to pay $200 million to reimburse consumers who lost money on its nutrition sup...

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House approves bill to shield anti-abortion healthcare workers

The Hill, July 13, 2016
by Sarah Ferris

The House on Wednesday approved a controversial abortion bill that supporters say would help shield...

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National Health Spending to Surpass $10,000 a Person in 2016

New York Times, July 13, 2016
by Robert Pear

WASHINGTON — National health spending will average more than $10,000 a person this year for t...

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HHS Report Says Obamacare Plans Are Cheaper Than They Look

NPR, July 12, 2016
by Alison Kodjak

Obamacare health plans have been getting a bad rap this year. Critics say the premiums are too high...

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Lower-cost biotech drug gets thumbs up from FDA panel

Washington Post, July 12, 2016
by Matthew Perrone, AP

WASHINGTON — The second-biggest selling drug in the world could get some cheaper competition...

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With Eye On Sanders’ Endorsement, Clinton Offers Expanded Health Care Proposal

Kaiser Health News, July 11, 2016

KHN Morning Briefing: Summaries of health policy coverage from major news organizations

Hilla...

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Consumer Group:

Kaiser Health News, July 11, 2016

KHN Morning Briefing: Summaries of health policy coverage from major news organizations

Publi...

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Elizabeth Holmes of Theranos Is Barred From Running Lab for 2 Years

New York Times, July 8, 2016
by Andrew Pollack

Federal regulators have barred Elizabeth Holmes, chief executive of Theranos, from owning or operat...

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VA Panel Report To Suggest More Private Care Choices For Veterans

NPR, July 6, 2016
by Quil Lawrence

The debate over how to overhaul the $10 billion Veterans Choice program is the latest skirmish betw...

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Nudging Health: Health Law and Behavioral Economics:

Johns Hopkins University Press, October 2016 (forthcoming)
by I. Glenn Cohen (Faculty Director), Holly Fernandez Lynch (Executive Director), and Christopher T. Robertson (Academic Fellow alumnus), eds.

Pre-order the book here!

Abstract of the Introduction: 

This introductory chapter to th...

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Court Strikes Down Obama Health Care Rule on Insurance Standards

The New York Times, July 5, 2016
by Robert Pear

WASHINGTON — A federal appeals court has ruled that consumers must be allowed to buy certain...

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Bosses in the Bedroom:

In Law, Religion, and Health in the United States (Holly Fernandez Lynch, I. Glenn Cohen, Elizabeth Sepper, eds.), forthcoming 2017, Cambridge University Press, Published online July 5, 2016
by Holly Fernandez Lynch (Executive Director) and Gregory Curfman

Abstract:

This chapter uses the controversy over mandated contraceptive coverage in employer healt...

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Evaluating Offers of Payment to Research Participants

Dana Farber Cancer Institute Ethics Grand Rounds, June 15, 2016
by Holly Fernandez Lynch (Executive Director) & Emily Largent (Student Fellow alumna)

DFCI Ethics Grand Rounds

Evaluating Offers of Payment to Research Participants

Holly Fernandez Ly...

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Skeptical Worries for ICU Rationing

American Philosophical Association Newsletter on Philosophy and Medicine, Spring 2016, Vol. 15, No. 2
by Luke Gelinas (Clinical Research Ethics Fellow)

From the article:

1. COMPARATIVE BENEFIT/HARM PRINCIPLES IN ICU RATIONING 

In what follows I...

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Contrived Threats v. Uncontrived Warnings:

83 University of Chicago Law Review 503, 2016
by Einer Elhauge (Founding Faculty Director)

Abstract: Contractual duress, unconstitutional conditions, and blackmail have long been puzzli...

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Resolving Reverse-Payment Settlements with the Smoking Gun of Stock Price Movements

81 Iowa Law Review 1581, 2016
by Thomas G. McGuire, Keith Drake, Einer Elhauge (Founding Faculty Director), Raymond S. Hartman, Martha Starr

Abstract: The Supreme Court recently held that in reverse-payment settlements of drug patent d...

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Prizing Insurance: Prescription Drug Insurance as Innovation Incentive,

Harvard Journal of Law and Technology, Vol. 30, No. 1 (forthcoming)
by Rachel E. Sachs

Abstract: 

A problem perennially facing scholars of both intellectual property and health law...

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Promoting Healthcare Innovation on the Demand Side,

U of Michigan Law & Econ Research Paper No. 16-008; U of Michigan Public Law Research Paper No. 503
by Rebecca Eisenberg and W. Nicholson Price II (Academic Fellow Alumnus)

Abstract:

Innovation policy often focuses on the incentives of firms that sell new products. But o...

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The Future of Health Law and Policy:
The Petrie-Flom Center’s 10th Anniversary Conference Celebration

Tuesday, March 29, 2016 8:00 AM - 5:00 PM
Conferences
2015-2016
Wasserstein Hall, Milstein East ABC
Harvard Law School, 1585 Massachusetts Ave., Cambridge, MA

The Petrie-Flom Center celebrated its first decade and kicked off the next by looking at...

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Negotiating for Health:
The Role of Negotiation and Dispute Resolution in Healthcare

Saturday, February 27, 2016 9:00 AM - 4:30 PM
Conferences
2015-2016
Austin Hall, North Classroom
Harvard Law School, Cambridge, MA

Harvard Negotiation Law Review Presents its 21st Annual Symposium

Agenda Overview

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Christians Find Their Own Way to Replace Obamacare

U.S. News & World Report, February 23, 2016
by By Kimberly Leonard, quoting Rachel Sachs (Academic Fellow)

From the article: 

[...] Rachel Sachs, academic fellow at the Petrie-Flom Center for Health L...

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Scalia’s death shakes contraception mandate, other high-profile court cases

Washington Times, February 15, 2016
by Tom Howell Jr., quoting Holly Fernandez Lynch (Executive Director)

[...] Legal analysts it’s not unusual to have different legal treatment from one area to the...

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Fourth Annual Health Law Year in P/Review

Friday, January 29, 2016 8:00 AM - 5:00 PM
Conferences
2015-2016
Wasserstein Hall, Milstein West AB
Harvard Law School, 1585 Massachusetts Ave., Cambridge, MA

Couldn't attend in person? Learn more about the event:

  • Learn more about the presentations...

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Does it break the law to charge a lot for a cure?

The Incidental Economist Blog, January 28, 2016
by Nicolas Bagley, quoting Rachel E. Sachs (Academic Fellow)

From the article:

[...] Talk about sending the wrong signals about what sorts of drugs we value mo...

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How to Decrease Prices for an Expensive Class of Drugs

The New York Times, November 16, 2015
by Austin Frakt, quoting W. Nicholson Price II (Academic Fellow Alumnus)

Excerpt from the article:

[...] As the law professors W. Nicholson Price and Arti Rai put it,...

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Innovations in Health Law and Policy: Regulatory Challenges and Strategies for Change Conference

UNH School of Law, October 26, 2015
by W. Nicholson Price II (Academic Fellow Alumnus)

Innovations in Health Law and Policy: Regulatory Challenges and Strategies for Change

When: Monday...

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How Prescription Drugs Get So Wildly Expensive

WIRED, September 23, 2015
by Nick Stockton, quoting Rachel E. Sachs (Academic Fellow)

From the article:

[...] With all that in mind, here’s the important question: Is S...

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Senate GOP bill protects opponents of Obama birth-control rules

Washington Times, August 4, 2015
by Tom Howell Jr., quoting Holly F. Lynch (Executive Director)

From the article: 

Holly Lynch, a bioethics expert at Harvard Law School who closely tracks t...

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With The ACA Secure, It’s Time To Focus On Social Determinants

Health Affairs Blog, July 21, 2015
by Lauren Taylor (Student Fellow alumna) and Elizabeth Bradley

From the article: 

While Medicaid expansion remains a dream for Americans in many states, the...

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Happy about the Supreme Court’s ACA decision? Thank a law professor

The Conversation, June 26, 2015
by Rachel Sachs (Academic Fellow)

From the post: 

The core of the Affordable Care Act (ACA) has now survived its second trip to...

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Supreme Court Decision in King v. Burwell (2015)

by Supreme Court of the United States

Read the Supreme Court's 2015 decision upholding the Constitutionality of federal insuranc...

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Cost Effectiveness Analysis and Fairness

Journal of Practical Ethics, Vol. 3, Nr. 1, June 2015
by Francis M. Kamm (Senior Fellow Alumna)

Abstract:      
This article considers some different views of fairne...

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Procedural Triage

Fordham Law Review, Vol. 84, 2015, Forthcoming
by Matthew J. B. Lawrence (Academic Fellow)

Academic Fellow Matthew J. B. Lawrence has a new article forthcoming in 2015 regarding th...

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Insurer Uses Personal Data To Predict Who Will Get Sick

National Public Radio (NPR), June 8, 2015
by Todd Bookman, quoting I. Glenn Cohen (Faculty Director)

From the article:

[...] Carol, who is sitting next to her husband, explains that John's s...

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2015 Annual Conference
Law, Religion, and Health in America

Saturday, May 09, 2015
Conferences
2014-2015
Wasserstein Hall, Milstein East BC
1585 Massachusetts Ave., Cambridge, MA

Join the conversation on Twitter! @PetrieFlom #lawreligionhealth

To request copies of se...

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After Hobby Lobby:
What Is Caesar's, What Is God's?

Thursday, May 07, 2015 4:00 - 6:00 PM
Conferences
2014-2015
Wasserstein Hall, Milstein East BC
Harvard Law School, 1585 Massachusetts Ave., Cambridge, MA

Couldn't join us in person? Join the conversation on Twitter! @PetrieFlom #lawreligionhealth

P...

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Innovation Law and Policy:

U. C. Davis Law Review, Forthcoming 2016
by Rachel E. Sachs

Academic Fellow Rachel E. Sachs has a new article forthcoming in 2016 on law and the future of pers...

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Health Law Workshop: Rachel E. Sachs

Monday, April 13, 2015 5:00 PM
Health Law Workshops
2014-2015
Griswold Hall, Room 110
1525 Massachusetts Ave., Cambridge, MA

Presentation Title: "Rethinking the Incentives/Access Dichotomy: Prescription Drug Reimbursement as...

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NOW ONLINE: I. Glenn Cohen Discusses Modern Fertility Technologies and Benefits

Chronicle (WCVB/ABC Boston), April 13, 2015
by Shayna Seymour, interviewing I. Glenn Cohen (Faculty Director)

Show Abstract: The birds and the bees are still important – but today's couples eage...

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Are trade secrets delaying biosimilars?

Science, April 10, 2015
by W. Nicholson Price II (Academic Fellow Alumnus) and Arti K. Rai

Petrie-Flom Academic Fellow alumnus Nicholson Price, now an Assistant Professor at the Un...

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Supreme Court Will Likely Uphold Affordable Care Act, Law Profs Say

Harvard Crimson, March 9, 2015
by Andrew M. Duehren, quoting Einer Elhauge (Faculty Director)

Last week’s oral arguments in King v. Burwell suggest that the United States Supreme Court wi...

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Opening shots fired in Obamacare Supreme Court battle

The Washington Times, March 3, 2015
by Tom Howell Jr., quoting Matthew Lawrence (Academic Fellow)

From the article:

Congressman Paul Ryan and other influential Republicans sketched out plans Tuesd...

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Republicans release Obamacare Plan B in case of repeal or court ruling:

Washington Times, February 4, 2015
by Tom Howell Jr., quoting Matthew J. B. Lawrence (Academic Fellow)

[...] Matthew Lawrence, who teaches a seminar on Obamacare at Harvard Law School , said the ad...

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