Volume 18, Online Edition

Cashing Out: How Big Pharma Continues to Capitalize on the Antitrust Loophole Created in FTC v. Actavis

Volume 18, Online Edition (Dec 2016)

The drug industry is one of the most lucrative in the United States. Drug manufacturers routinely find themselves thrust into patent infringement litigation against generic manufacturers who are motivated by high potential returns from the marketplace. In lieu of expensive and time-consuming litigation, brand and generic manufacturers will often enter into settlement agreements; however, these

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Laura A. Gregory, Cashing Out: How Big Pharma Continues to Capitalize on the Antitrust Loophole Created in FTC v. Actavis, 18 N.C.J.L. & Tech. On. 107 (2016), http://ncjolt.org/wp-content/uploads/2016/12/Gregory_Final-.pdf.

Trial to Perdition: the Ninth Circuit’s “Emission” Omission Disposition

Volume 18, Online Edition (Dec 2016)

A protracted case in the Ninth Circuit, Pakootas v. Teck Cominco Metals, Ltd., has pitted numerous stakeholders, including two national governments, against one another in a battle to define the meaning of “disposal” within the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”). At issue were one hundred years of aerial emissions of heavy metals

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Jordan Luebkemann, Trial to Perdition: the Ninth Circuit's "Emission" Omission Disposition, 18 N.C.J.L. & Tech. On. 146 (2016), http://ncjolt.org/wp-content/uploads/2017/01/Luebkemann_Final.pdf.

Requiring Mutual Assent in the 21st Century: How to Modify Wrap Contracts to Reflect Consumer’s Reality

Volume 18, Online Edition (Dec 2016)

“Mutual manifestation of assent . . . is the touchstone of contract.” The manifestation of mutual assent has evolved throughout history to accommodate mass commercialization and technological change. However, new problems have emerged with the rise of Internet contracting. Consumers, facing increasing numbers of inconspicuous and obtuse contract offers, are oblivious to many of the

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Matt Meinel, Requiring Mutual Assent in the 21st Century: How to Modify Wrap Contracts to Reflect Consumer's Reality, 18 N.C.J.L. & Tech. On. 180 (2016), http://ncjolt.org/wp-content/uploads/2017/04/Meinel_Final2.pdf.

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