Contracting for Value: Performance-Based Payments in Contracts Between Health Insurers and Drug Manufacturers

By Jonathan Herrick

Health care in the United States is a complex and expensive industry, and consumers who contribute financially to the industry presumably hope to derive some value or benefit from their participation. However, many consumers may not perceive a proportionate relationship between financial contribution and the value or benefit they receive. For example, “[m]ost Americans do not believe that price and quality of health care are associated” with each other. It is no wonder that Americans today have doubts about whether the amount they spend on health care is associated with the quality of care they receive; despite spending a larger portion per capita on health care services than many other industrialized nations, the United States lags behind in important measures, such as life expectancy. Although the relationship between health care services and life expectancy is complex, it is clear that the United States is spending more per person on health care than many other countries, but consumers are not benefitting proportionately with regard to certain measured health outcomes.

Read More

Voisine v. United States, the Orlando Shooting, and the Suspension of Constitutional Rights

By Marvin Lim

In the wake of the 2016 Orlando nightclub mass shooting, Voisine v. United States, a case the U.S. Supreme Court decided only two weeks later has even more significance now than ever. Voisine v. United States raises an important, timely question: When can constitutional rights, and in particular the Second Amendment right to bear arms, be suspended? The case – which involved a defendant who, like the Orlando perpetrator, had a history of domestic violence – further emphasizes why our society must be more principled and consistent in making this kind of determination.

Read More

Plain Error at Sentencing

By Anthony Copple

Any defendant in our criminal justice system is faced with overwhelming odds. Part of this stems from the fact that the vast majority of criminal defendants will be convicted of the crimes of which they are accused. They all, guilty or innocent, feel the weight of that fact. This is particularly true for those with appointed counsel by the Court. The public defender agencies do an admirable job of representing their clients, however; they are stretched to the limit and simply do not have the time or resources to cross every “t” and dot every “i.” One possible mistake is through failure to preserve error for appellate review. This article examines the way in which unpreserved claims of error at sentencing may affect the substantive rights of criminal defendants within the First Circuit.

Read More