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...whether the class's website could be considered a news outlet, Ugland says that while it isn't necessarily a "slam dunk," the students published their conclusions and much of their evidence on a publicly accessible website. "Certainly in spirit, the work that they're doing is the kind that the legislature no doubt had in mind when they extended these protections to journalists," he says. Additionally, the project is part of the Medill Innocence Project, which has had an impressive record since it started in 1999; student reporters have helped exonerate 11 convicts, including five inmates on death...
Professor T. Barton Carter, chairman of Boston University's Department of Mass Communication, says ultimately the issue will come down to the judge's discretion. While Carter says he feels the student work qualifies under the spirit of the law, the judge may not decide to apply the Illinois shield law at all. General legal protections already exist to quash subpoenas if they're beyond the proper scope of an investigation, something Carter believes may apply in this case. "This looks like one of the great fishing expeditions of all time," Carter tells TIME...
...similar approach work with biotechnology drugs, which were not dealt with in the 1984 law because the industry was then in its infancy? A 2008 analysis by former Clinton Administration official Robert Shapiro, who has consulted for both biologics companies and their would-be generic competitors, suggested that generic versions of the top 12 categories of biologics whose patents have expired or will expire soon could save Americans up to $108 billion in the first 10 years and as much as $378 billion over two decades. "It's the low-hanging fruit," says Mark Merritt, head of the Pharmaceutical Care...
...Similarly, on Oct. 19, PhRMA put out a statement calling for a "fair period of data protection" of 12 years at a "bare minimum." To defend its position, the group cited Duke University economist Henry Grabowski, whose work it has funded, and two patient groups. One, called RetireSafe, receives regular infusions of "general operating support" from Pfizer and operates out of a small Washington law-firm office. It has been blitzing Capitol Hill with letters arguing that guaranteeing biologics makers fewer than 12 years of exclusivity in the use of their data could cost lives. The other group, the Alliance...
...other side has resources of its own. The biggest generic-drug company, Teva Pharmaceuticals, has spent more than $2 million on lobbying and also sponsored academic work on the issue, aiming to disprove Duke's Grabowski. Generic-drug manufacturers are allied with such powerful organizations as AARP, labor unions, insurance companies, health-maintenance organizations and health-reform advocacy groups. There will be fights on the House and Senate floors and ultimately a House-Senate conference committee, on which Waxman will be a key voice. "The war is not over," he has warned. "If you know me at all, you know...