The Tax Insurance Trap by Benjamin Silver; Merger Remedies Unbound by Dhruv Aggarwal, Albert H. Choi & Geeyoung Min; In Lieu of the NLRA by Gali Racabi; and Interstate Extradition by Ethan Lowens
Month: April 2026
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.
Volume 2026, No. 2
We, the Watchers by Bennett Capers; Family Policing as Welfare Theatre by Tarek Z. Ismail; Civil Death by a Thousand Cuts by Eisha Jain; Surveillance Architectures by Arti Walker-Peddakotla.