Recent WLR Forward Articles
Skinny Labels’ Importance for Drug Competition
U.S. consumers suffer from high drug prices. A lack of generic competition is one reason why. Congress enacted balanced landmark legislation in 1984 to promote competition and innovation. In the past few years, however, the U.S. Court of Appeals for the Federal Circuit has issued two significant rulings that threaten this balance by allowing brand companies to block generics even when they specifically avoid patents. This Essay first introduces the pharmaceutical regulatory regime, emphasizing the importance of generic competition and the carefully calibrated balance between competition and innovation. It then discusses the Federal Circuit’s recent decisions in GlaxoSmithKline LLC v. Teva Pharmaceuticals USA, Inc. and Amarin v. Hikma, which sharply limited the skinny label pathway. It concludes by highlighting the advantages skinny labels provide as compared to other (litigation-focused) ways generics enter the market.
April 17, 2026No Third Term: Rejecting the Nonconsecutive Loophole
The text of the Twenty-Second Amendment seems clear that a president cannot be elected to a third term: “No person shall be elected to the office of the President more than twice.” This Essay looks further to the history surrounding the Twenty-Second Amendment, an exercise sometimes employed by judges, particularly those who favor the constitutional interpretive method of originalism. History shows that a president cannot be elected to a third term on the theory that the previous terms were nonconsecutive.
March 31, 2026Pocket Constitutions: America’s Founding Document in Small Print
For a document that is usually found behind glass casing in museums and galleries, many have taken advantage of the ability to carry it in their purse, wallet—or better yet—their pocket. The US Constitution is one of the oldest and shortest constitutions in the world. This brevity comes with significant advantages: it is easily accessible, it could be read before your coffee gets cold, and it could also be mass produced on a large scale. Indeed, as the insights, commentary, and controversies regarding the American Constitution continue to get larger and more sophisticated in the 21st century, this brief 18th century text seems more relevant than ever. But in part, this renaissance is coming in pocket form through the mass production and distribution of pocket US Constitutions.
December 7, 2025- More Forward Articles