This Article is the first to offer a comprehensive case against using racial quotas in pharmaceutical studies by providing a detailed examination of the arguments for and against the practice. It begins by discussing the current racial classification system, calls for racial quotas in pharmaceutical trials, and the troubling history of combining race and scientific investigation. It next examines the cautionary tale of BiDil, the first drug authorized by the U.S. Food and Drug Administration (FDA) for use in only Black people. The third part of the Article sets forth the arguments against racial quotas. The fourth part provides legal analysis of these arguments, concluding that racial quotas in pharmaceutical trials likely would not satisfy the strict scrutiny standard for two independent reasons. The fifth part evaluates the alleged benefits of racial quotas and demonstrates that when properly understood they are insignificant in comparison to the disadvantages. The final part weighs the evidence to arrive at a conclusion and considers future implications.

Ultimately, this Article provides a valuable framework for assessing the legal and pragmatic implications not just for pharmaceutical trial quotas but also for other racial-classification issues in health care. For example, while it presents a cumulative case against the proposed practice of racial quotas in pharmaceutical trials, many of the same arguments presented are also applicable to the currently mandated practice of acquiring and reporting racial data of pharmaceutical trial participants. It will serve as a valuable resource not only for opponents of racial quotas but also for advocates. For example, this Article provides numerous race-neutral alternatives for consideration. And the strong case against racial quotas helps facilitate a refocus of efforts away from merely ameliorating the end results of health care disparities and instead targeting the root causes. Evidence suggests that this redirected focus on root causes is more effective at producing positive change. In this way, rejecting these quotas is not in conflict with addressing health disparities; rather, it is beneficial to it. This Article will hopefully serve as a catalyst for future research regarding best practices on how pragmatic; legal; and diversity, equity, and inclusion considerations can synergistically exist.

This article explores the justifications for, and objections to, the proposed European Union ‘women on company boards’ Directive. It notes that Member State opposition to the measure had different emphases. The new, post-socialist Member States that intervened prominently questioned the Commission's understanding of the underlying social reality of gender inequality and the measure's focus on results, while the old Member States that intervened raised mainly the issue of subsidiarity and challenged the need for legislative action, and/or particularly the need for legislative action at EU level. The article further argues that the Commission weakened its case by emphasising economic rationales for the measure, and submits that a principled justification fits the proposal better. Finally, the article argues that subsidiarity-related arguments are available also to justify non-cross-border, non-economic projects, such as that of gender equality.

An industry group has proposed a novel system for managing the Northeast Multispecies Fishery. Each harvester would be endowed with a budget of points, and each species would have a “point price,” or number of points that must be paid out of his budget when landing that species. By varying the point prices throughout the season, management could redirect effort across species. This paper presents a benchmarked experimental testbed of this management system, and shows that harvesters do respond to point prices, which can be chosen to support harvest of most of the allowable catch of each species without severely over-harvesting any of them.

Despite 40 years of equal opportunities policies and more than two decades of government and organization initiatives aimed at helping women reach the upper echelons of the corporate world, women are seriously underrepresented on corporate boards. Recently, fifteen countries sought to redress this imbalance by introducing gender quotas for board representation. The introduction of board gender quota legislation creates ethical tensions and dilemmas which we categorize in terms of motivations, legitimacy, and outcomes. We investigate these tensions through four overarching theoretical perspectives: institutional, stakeholder, social identity, and social capital. We outline a future research agenda based on how these tensions offer greater focus to research on quotas and more broadly to ethics and diversity in organizations in terms of theory, anticipated ethical tensions, data, and methodology. In sum, our review seeks to synthesize existing multidisciplinary research and stimulate future enquiry on this expanding set of legislation.

Declining domestic cigarette consumption, increased global competition, and loss of import restrictions indicate decreased demand for U.S. flue-cured tobacco. The effects of 10% declines in domestic and export demand are evaluated under a policy of reducing quota to maintain price versus a policy of allowing price to fall to maintain quota. Changes in prices, quantities, revenues, and economic rents are simulated. Losses to nonfarming quota owners are minimized under a policy of price maintenance, while losses in revenues to tobacco-producing areas are minimized by a policy of quota maintenance. Aggregate losses to tobacco growers are greater under a policy of quota maintenance.

This review aims at comparing the fisheries management systems existing in New Zealand and in the European Union. The involvement of stakeholders at all stages of the management process is generally more transparent and better established in New Zealand than in the EU. Both systems aim at achieving an adequate balance between sustainability and utilisation and consider the precautionary approach as a founding principle. The socialobjectives are probably more explicit in the EU management system. In New Zealand, B MSY is a legal management target for all stocks in the quota management system (QMS), but management strategies were poorly explicituntil most recently. In the EU, there have not been any legal management targets or strategies until 1999. Since 1999, a number of multi-annual recovery and management plans have been established, including bothmanagement targets and strategies. Both management systems include conservation and access regulation measures. The EU management measures aim at regulating fisheries outputs and inputs, and discarding is tolerated. New Zealand management is almost exclusively output-based, and discarding practices are banned. In the EU, while individual quotas (IQs) are implicit in several countries, there is no consistent pattern across Member States for allocating TACs. In New Zealand, individual transferable quotas (ITQs) are implemented, and some flexibility in catch-quota balancing is provided by a carry-over allowance and the payment of a landing tax, the deemed value, for every fish landed above quota. If rights-based management were introduced in the EU based on, e.g., the New Zealand model, we suggest that concentration rules be set in accordance with the social objectives of the Common Fisheries Policy, and also that the deemed value should be set based on science and economics.

Management techniques in two sea scallop Placopecten magellanicus fisheries in Nova Scotia are compared and contrasted. In one, traditional management methods are used to protect the stock from overexploitation. In the other fishery, enterprise allocations in the form of quota shares are used to mimic property rights. Over the past decade, the fleets' reactions to stock conditions have been dramatically different. It is argued that the evidence supports a quasi-property management regime, though other factors are at play as well.

This paper examines the Canadian experience with quota managed fisheries, reviewing institutional structures and approaches. It begins with a review of management objectives following the extension of jurisdiction and traces the nature and rationale of changes. The specific measures used to achieve objectives are examined from a theoretical and practical perspective. The measures fall into two broad categories: conventional input controls: vessel and gear restrictions; and, output controls: tradable and non-tradable enterprise/individual quotas.

The experience indicates that input controls are largely ineffective in constraining effort. These measures fail to address the common property characteristics of the resource and consequently failed to blunt the incentives for share maximization and increased capitalization. These in turn lead to overfishing and misreporting, thereby undermining management objectives. Output controls in the form of individual tradable quotas fare better in constraining effort. They lead to fleet rationalization and improved quality and flow of raw material to processing facilities. But they may also lead to highgrading and discarding, as quantity incentives give way to unit-value incentives under the rights-based regime.

Some of the carly failures and more recent successes of policy are outlined, lessons are drawn and suggestions made about future directions.