States’ Rights: A Patent Law Analysis of NASHP Rate-Setting Model Act

March 6, 2018

We have been asked to set out the argument that a state’s rights under the Tenth Amendment of the US Constitution give a state the power to enact provisions such as the National Academy for State Health Policy’s (NASHP) Drug Payment Rate Regulation Model Act, notwithstanding federal patent law. Accordingly, this white paper addresses issues of federalism, preemption, and the Takings Clause as they relate to the intersection of patent law and state drug rate-setting legislation.

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Økonomistyrelsen

Mission: The Danish Agency for Governmental Management supports and develops efficiency and good financial management within the area of public administration.

OTHER WHITEPAPERS
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Government Special Report

whitePaper | December 27, 2021

Government Financial & Operational Management Special Report Identifying the challenges that face your governmental entity is oftentimes the first step in helping position your government for future success. Are you able to balance the needs of your community while efficiently managing and reporting on the services you’re charged with providing?

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Cloud Security: A Guide for Government Decision-makers

whitePaper | October 5, 2022

Cloud is helping to modernize government services and transform citizen interactions. But cloud security hasn’t kept up with the pace of cloud adoption. Ensuring a secure, compliant environment in the cloud is critical— particularly for public-sector organizations that collect, store and manage highly sensitive data on behalf of their citizens.

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Ensuring American Leadership in Automated Vehicle Technologies

whitePaper | January 8, 2020

The United States Government is committed to fostering surface transportation innovations to ensure the United States leads the world in automated vehicle (AV) technology development and integration while prioritizing safety, security, and privacy and safeguarding the freedoms enjoyed by Americans. The U.S. Government recognizes the value of industry leadership in the research, development, and integration of AV innovations. Such innovation requires appropriate oversight by the Government to ensure safety, open markets, allocation of scarce public resources, and protection of the public interest. Realizing the full potential of AVs will require collaboration and information sharing among stakeholders from industry, State, local, tribal, and territorial governments, academia, not-for-profit organizations, standards development organizations (SDO), and the Federal Government.

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The Role of Monopoly in America’s Prescription Drug Crisis

whitePaper | December 10, 2019

The Trump administration, members of Congress from both parties, and many states have introduced proposals to combat high drug prices. Too often missing from these reform efforts, however, is a clear understanding of a root cause of the crisis: the suppression of fair market competition through various forms of monopoly. This white paper examines and proposes solutions for the two main ways that monopoly drives up the costs and lowers the quality of prescription drugs: increasing corporate concentration in the pharmaceutical industry, and the monopoly markets for individual drugs created by a deeply flawed and increasingly abused patent and regulatory system.

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Security Clearances for Contractors and Government Employees

whitePaper | January 29, 2020

Individual government contractors face more rigorous scrutiny, as private companies can monitor employee’s social media as part of their continuous vetting and insider threat protocols. However, despite the existence of a directive permitting them to do so, government agencies do not monitor their employees’ social media. Our interviews found this is due to a lack of clear guidance on how to implement the existing directives and security policies. This shortcoming can be remedied by government agencies agreeing upon a single common standard regarding the use of publicly available electronic information, specifically social media, for personnel security and insider threat purposes. The DNI, as Security Executive Agent for the government, must then develop guidelines for the implementation of this standard throughout the sector.

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AWS Cloud Adoption Framework: Governance Perspective

whitePaper | August 26, 2022

As the proliferation of digital technologies continues to disrupt market segments and industries, adopting Amazon Web Services (AWS) can help you transform your organization to meet the changing business conditions and evolving customer needs. As the world’s most comprehensive and broadly adopted cloud platform, AWS can help you reduce business risk, improve environmental, social and governance (ESG) performance, increase revenue, and improve operational efficiency. The AWS Cloud Adoption Framework (AWS CAF) uses AWS experience and best practices to help you digitally transform and accelerate your business outcomes through innovative use of AWS. Use the AWS CAF to identify and prioritize transformation opportunities, evaluate and improve your cloud readiness, and iteratively evolve your transformation roadmap

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Spotlight

Økonomistyrelsen

Mission: The Danish Agency for Governmental Management supports and develops efficiency and good financial management within the area of public administration.

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