Writing in the DePaul Law Review, Richard Marcus observes that it is always better to have the breeze at your back, but that surely has not recently been the case for class action proponents. At the risk of overstating, there is a certain fin de siècle flavor to current procedural discussions, at least among academics; it seems that several foundational principles of late twentieth century procedural ordering have come under attack in the twenty-first century. Although not alone among those principles, class actions have a prominent role. Dean Robert Klonoff has recently written of “The Decline of Class Actions,” and Professor Linda Mullenix has written of “Ending Class Actions as We Know Them.” Professor Arthur Miller-who was present at the creation of the modern class action-has suggested that we face “the death of aggregate litigation by a thousand paper cuts.” But he, at least, sees some “rays of light that indicate it will survive.” …
Continue reading Bending in the Breeze: American Class Actions in the Twenty-First Century
With lawmakers bearing down on drug and device companies over prices, the industry can’t afford to lose any friends on Capitol Hill, writes STAT, an online news service on the medical industry. And when it comes to medical devices, the industry might not have a better friend than Minnesota Congressman Erik Paulsen. Paulsen, a four-term Republican, has long been device makers’ “go-to guy” in Washington, helping secure a two-year delay of the Affordable Care Act’s tax on medical devices and pursuing reforms that could help the industry. But this year, Donald Trump is threatening to drag Paulsen down. So device makers are stepping in and pouring money into his campaign to save him.
By Richard Phillips, Citizens for Tax Justice; Matt Gardner, Institute on Taxation and Economic Policy; Kayla Kitson, Institute on Taxation and Economic Policy; Alexandria Robins, U.S. PIRG Education Fund; and Michelle Surka, U.S. PIRG Education Fund
U.S.-based multinational corporations are allowed to play by a different set of rules than small and domestic businesses or individuals when it comes to paying taxes. Corporate lobbyists and their congressional allies have riddled the U.S. tax code with loopholes and exceptions that enable tax attorneys and corporate accountants to book U.S. earned profits to subsidiaries located in offshore tax haven countries with minimal or no taxes. The most transparent and galling aspect of this is that often, a company’s operational presence in a tax haven may be nothing more than a mailbox. Overall, multinational corporations use tax havens to avoid an estimated $100 billion in federal income taxes each year.
Continue reading Offshore Shell Games 2016 The Use of Offshore Tax Havens by Fortune 500 Companies
Almost 200 leading music industry figures have signed an open letter demanding Congress to pass bills for stricter gun control laws, including legislation that will prevent potentially dangerous individuals from purchasing firearms, reports The Wrap. Lin-Manuel Miranda, Paul McCartney, Jennifer Lopez, Lady Gaga, and Demi Lovato were just a few of the names on the list. “As leading artists and executives in the music industry, we are adding our voices to the chorus of Americans demanding change,” the letter published by Billboard reads.
Media representations play a crucial role in informing public and policy opinions about the causes of, and solutions to, ill-health. A new paper, published in BMC Public Health, reviews studies analyzing media coverage of non-communicable disease (NCD) debates, focusing on how the industries marketing commodities that increase NCD risk are represented. A scoping review identified 61 studies providing information on media representations of NCD risks, NCD policies and tobacco, alcohol, processed food and soft drinks industries. Continue reading Why media representations of corporations matter for public health policy: a scoping review
A parallel legal universe, open only to corporations and largely invisible to everyone else, helps executives convicted of crimes escape punishment. In a four part series, BuzzFeed investigates investor-state dispute settlements, or ISDS, a process for settling disputes between corporations and governments. The rules for settling investor-state disputes are written into a network of treaties that govern international trade and investment, including NAFTA and the Trans-Pacific Partnership, which Congress must soon decide whether to ratify.
Case Studies on Corporations & Global Health Governance, edited by Nora Kenworthy, Ross MacKenzie and Kelley Lee, presents interdisciplinary case studies on how corporations influence global health governance and how they could be held more accountable. The empirical studies examine several industries across high, low and middle income countries and explore the impact of corporations and their allies on the governance processes that shape population health.