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13 Jan 2016, 12:59 pm
  In these instructions, the government at last abandons altogether the notion that the FDCA criminalizes truthful off-label promotion – the first time we are aware of the government making this concession:UNAPPROVED USE BY DOCTORSDoctors may use medical devices that have been approved or cleared for one use for another use that has not been cleared or approved by the FDA. [read post]
7 Jan 2016, 1:52 pm
 Well, the words that the Sorrell used in describing the proper test -- right before it expressly applied the existing four-part Central Hudson test to invalidate the statute in that case -- were arguably a bit different that the words used in Central Hudson. [read post]
10 Nov 2015, 10:45 am by David Post
If “accessing a Web site” is conduct and not speech, the scope of potential government regulation of our use of Web sites (and the Internet in general) vastly expands — not a development we should welcome. [read post]
30 Oct 2015, 7:48 am by Rebecca Tushnet
  There is no general regime governing safety [of meat?]. [read post]
23 Oct 2015, 1:07 pm by Rebecca Tushnet
  Bans on other commercial speech must survive Central Hudson. [read post]
22 Oct 2015, 8:42 am
  Thus, under Reed’s “topic”-based approach, there doesn’t seem to be the need any longer to go through the “commercial speech” rigmarole of Central Hudson Gas & Electric Corp. v. [read post]
8 Oct 2015, 9:01 pm by Vikram David Amar
The extent to which government can consider the race of individuals is also front and center in the Court this Term. [read post]
23 Sep 2015, 9:01 pm by Vikram David Amar
Relying on a Supreme Court case called Central Hudson Gas & Electric v. [read post]
27 Aug 2015, 5:01 am
”  Since one of the prongs of the commercial speech test in Central Hudson Gas & Electric Corp. v. [read post]