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23 Dec 2023, 7:16 pm by admin
Not only was the statement wrong in 1993, when the Supreme Court decided the famous Daubert case, it was wrong 20 years later, in 2013, when the United States Food and Drug Administration (FDA) approved  Diclegis, a combination of doxylamine succinate and pyridoxine hydrochloride, the essential ingredients in Bendectin, for sale in the United States, for pregnant women experiencing nausea and vomiting.[16] The return of Bendectin to the market, although under a different name,… [read post]
9 Oct 2023, 4:00 am by Howard Friedman
Jackson Women's Health Organization: Reckoning with its Impact and Charting a Path Forward, (University of Pennsylvania Journal of Constitutional Law, Vol. 25, No. 5, 2023).From SmartCILP and elsewhere:Berta Esperanza Hernandez-Truyol, Awakening the Law: Unmasking Free Exercise Exceptionalism, 72 Emory Law Journal 1061-1104 (2023).Karin Carmit Yefet & Ido Shahar, Divorced from Citizenship: Palestinian-Christian Women between the Church and the Jewish… [read post]
4 Oct 2023, 7:41 am by Norman L. Eisen
Expand all Collapse all Relevant Court Proceedings United States v. [read post]
14 Aug 2023, 5:36 am by Guest Author
This paper is much narrower—Sunstein is really unpacking some of the conservative SCOTUS bloc’s internal debates about the MQD in Biden v. [read post]
8 Jul 2023, 4:33 pm by Barry Barnett
A change to venue law frees state attorneys-general from involuntary transfers of antitrust actions from their home states to distant forums handling multi-district litigation involving the same subject matter. [read post]
12 Jun 2023, 8:33 am
H Choper Distinguished Law Professor, U.C Berkeley School of Law Hon. [read post]
21 May 2023, 9:00 pm by Neil H. Buchanan and Michael C. Dorf
The most straightforward way to understand his thinking is apparently that the pendency of the inevitable lawsuits would so roil the financial markets that the economy would be damaged in the meantime—AND that doing so would be worse than the alternatives.Again, he is right that there would be a political crisis, and the days, weeks, or months that the world would spend waiting for a resolution would make the 2000 Bush v. [read post]
14 May 2023, 9:00 pm by Neil H. Buchanan and Michael C. Dorf
(That essay also explains the math that we used to derive the 40,100 percent interest rate stated above.)Our overall bottom line does not change, however, because the fundamental objection to all of the gimmicks has less to do with the exact interaction of the words of the key statutes than it does with a fundamental principle of statutory interpretation. [read post]