Trade secret misappropriation: a cost-benefit response to the Fourth Amendment analogy
Article Abstract:
Some courts have relied on an analogy to Fourth Amendment privacy rights to determine when 'reasonable precautions' to protect a trade secret have been taken, but cost-benefit analysis would be more efficient and logical. Trade secret law involves a different conception of privacy than Fourth Amendment cases, being more concerned with secrecy than with seclusion. The analogy also fails to account for different expectations for protection from government versus business competitors. A cost-benefit analysis would require firms to balance the cost of precautions against the value of the trade secret.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 1992
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Will health care economic information lead to therapeutic-class warfare or welfare?
Article Abstract:
Cost-effectiveness analysis providing valuable health care-related economic information could be beneficial to the drug industry and managed care organizations. The processes available under the FDA Modernization Act of 1997 should be restructured to serve this purpose. FDA adoption of reference case assumptions and mandatory disclosure requirements would be positive steps toward a system of regular and reliable information.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 1998
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Privacy, photography, and the press
Article Abstract:
Photographic expression is an inherently expressive form of action which should fall under the protections provided by the 1st Amendment. Government regulations intended to protect the privacy interests of individuals should be subject to a standard of strict scrutiny. Historical examples provide evidence of photography's value as a powerful medium for the communication of ideas.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 1998
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