Emory Corporate Governance and Accountability Review

ECGAR PerspectivesVolume 5
Perspectives

Don't Be Fooled: E-Cigarette Companies and the Revitalized Attack on America's Youth

Wrenica Archibald | 5 Emory Corp. Governance and Accountability Rev. Perspectives 101 (2018)

This Perspective will try to first dispel the misconception that e-cigarettes are harmless by introducing current research on their dangers, especially with regard to teenagers. It will awaken young consumers to the marketing tactics of tobacco companies who rely on friendly flavors to re-attract teenagers to smoke. It will also present viable legal solutions that have proven successful in the past in curtailing tobacco companies’ attempts to seduce America’s youth to smoke. Ultimately, this argument will impress upon Congress and the FDA the necessity of regulating e-cigarettes as traditional cigarettes by: 1) prohibiting the flavoring of e-cigarettes, 2) prohibiting advertisement geared toward young people, and 3) initiating a media campaign informing teenagers of the dangers of e-cigarettes.

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Biohazard: The Medical Loss Ratio as Constitutionally Permissible Garbage (and How to Dispose of It)

Joseph Erkenbrack | 5 Emory Corp. Governance and Accountability Rev. Perspectives 109 (2018)

Since the Affordable Care Act (ACA) became law in 2010, it has been subject to political and constitutional scrutiny. While most critics have focused on the expansion of Medicaid and the individual mandate, the rest of the bill is by no means universally praised. One such controversial provision is the Medical Loss Ratio (MLR). Congress crafted the MLR with the purpose to improve patient care and reduce unnecessary administrative spending and excessive corporate profits. Those companies which do not, in a given year, spend the mandated amount on patient care, as opposed to other expenses, must make up the difference by providing a rebate to their policyholders. The purpose of the rebate is both to provide an incentive for insurance companies to comply with government regulations regarding revenue apportionment and compensate consumers who have been “shortchanged.” This Perspective will (1) show that the MLR is constitutional, (2) but that it is nevertheless poor policy, and (3) suggest some alternatives for Congress to consider should it repeal and replace the ACA.

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Citizen Petitions: A Process Hijacked by Big Pharma?

Eric Evans | 5 Emory Corp. Governance and Accountability Rev. Perspectives 115 (2018)

In response to some of the most egregious abuses of the citizen petition process, pharmaceutical manufacturers who raise concerns via the petition process that relate to their own product’s formulation, delivery system, or any other aspect should be estopped from continuing to market and sell their product as is. If a drug manufacturer files a 505(q) petition, the FDA should force the filing manufacturer to comply in regards to their own products with the suggested requirements they make for the generic competition.

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Nursing Home Fraud: Responsible Ways to Increase Profits in Nursing Homes

Regine Lewis | 5 Emory Corp. Governance and Accountability Rev. Perspectives 121 (2018)

The government is working tirelessly to deter healthcare fraud in Skilled Nursing Facilities (“SNF”). The government is increasingly holding SNF’s liable for overbilling Medicare for medically unnecessary services and billing for services that were not provided. The government believes that SNF’s are committing Medicare fraud to increase profits in its facilities. To understand nursing home fraud, it is necessary to evaluate the False Claims Act (which is the leading body of law that SNF’s are held liable under), how SNF’s are reimbursed by Medicare, and SNF false claims liability for Medicare fraud. This Perspective will then offer ways for SNF’s to increase profits legally and responsibly.

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Big Pharma Takes on Marijuana Legalization: The Synthetic Marijuana vs. Botanical Marijuana Paradox

Katharine Pickle | 5 Emory Corp. Governance and Accountability Rev. Perspectives 127 (2018)

With marijuana remaining an illegal, Schedule I drug at the federal level, many legal questions and oddities surround the implications of federal law on state marijuana legalization. One point of apparent inconsistency is that while botanical marijuana continues to be highly disputed, synthetic versions of marijuana are legally produced and marketed nationwide by Big Pharma corporations. As the door continues to open for marijuana as a legal medical alternative, Big Pharma may be faced with a significant competitive adversary. There is some evidence to suggest that Big Pharma will respond by using its deep pockets not only to prevent legalization, but also to prevent research that would inform consumers of the beneficial effects of botanical marijuana vs. its synthetic counterpart.

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Shades of Privacy in a Color-Blind System: The Rights and Expectations of Social Media Privacy in the Modern Workforce

Eric Evans | 5 Emory Corp. Governance and Accountability Rev. Perspectives 133 (2018)

This Paper will approach social media in the private-sector workplace from an employee “right to privacy” perspective, and analyze the limited privacy protections U.S. law, through a hodgepodge of statutory and common-law protections, currently provides to employee’s social media activity. It will argue that courts are struggling to apply existing law, most of which was created in the context of more traditional forms of electronic communications, to social media, mainly because social media platforms allow users to use varying degrees of privacy in regards to their online activity that the law is not finely calibrated enough distinguish. Furthermore, the Paper will argue that squaring up the degrees of social media privacy with the idea that liability for both statutory and common-law invasion of privacy claims turn on court’s binary perception of privacy requires holding that employees who have utilized any privacy settings should be ruled to have taken steps to remove the communication from the online public sphere, and thus has a reasonable and protectable expectation of privacy.

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Follow the Leader: Using 23 N.Y.C.R.R. 500 to Craft a Safer Financial World

Anthony Georgiafandis | 5 Emory Corp. Governance and Accountability Rev. Perspectives 159 (2018)

Cyberattacks are growing in sophistication and reach day by day. With the ever-evolving global cyber business world that we live in, no one is safe from cyberattacks. Successful attacks on the world’s financial systems would have devastating effects on both impacted individuals and the financial system as a whole. The smallest cyber security breach can easily turn into a full blown cyberattack, thus it is extremely important that we implement the correct safeguards to protect our financial systems. This Article will assess how past cybersecurity breaches affected the financial services industry both domestically and abroad. It will then explore the expanding world of cybersecurity, before examining how 23 N.Y.C.R.R 500 has implications reaching far beyond the state of New York. It will look at foreign regulations, because these are important to protect individuals from cybersecurity threats all around the world. Finally, this Article will discuss the importance of expanding cybersecurity regulations globally.

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Why Google May Be in the Right: An Analyses of Political Discrimination in the Workplace

Katharine Pickle | 5 Emory Corp. Governance and Accountability Rev. Perspectives 179 (2018)

The purpose of this Essay is to argue that there may be a reasonable basis for companies to politically discriminate against potential and current employees, because of the extremely polarized political environment that exists in the U.S. today. James Damore’s lawsuit against Google is used as an example of a situation in which political discrimination was justified. Instead of having to argue in court that it did not politically discriminate against Damore, Google should be able to concede that it did so and argue that the decision to fire Damore was in the best interests of the company. Any kind of discrimination may feel inherently wrong, but this Essay argues that political discrimination is different from other kinds of discrimination. In order to be successful and profitable, companies may need to politically discriminate against potential and current employees.

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