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15 Mar 2015, 11:51 am by Juan C. Antúnez
” - Thomas Jefferson (Letter to James Madison, dated Sept. 6, 1789). [read post]
(This article originally was published by Law360 on July 1, 2019.) [read post]
5 Nov 2009, 6:13 pm
Flores, Justice Souter's dissent in Alden v. [read post]
20 Jun 2023, 6:30 am by Guest Blogger
States have justified their constitutional critiques of federal actions by claiming for themselves the role of representatives of the American people, or at least, a considerable proportion of that people. [read post]
7 Mar 2023, 6:30 am by Guest Blogger
  If this seems too bleak a view of the Court, consider that this is exactly what the Court did in Vega v. [read post]
24 Feb 2011, 1:49 pm by Bexis
  Briefly, courts have adopted the learned intermediary rule because:Warnings go to physicians because they are the only people who know both a particular patient’s medical history as well as the risk/benefit profile of the drug/device being prescribed.Limiting warning duties to physicians makes the common law consistent with warning duties imposed by the FDA.Routing prescription drug/device information through the doctor preserves the physician/patient relationship from outside… [read post]
19 Mar 2018, 1:15 pm
"  Whenever you see a case like State v. [read post]
9 Jun 2016, 9:05 am
" That statement by Justice Holmes was made after many people had been killed during occasions when someone had falsely yelled "fire" in crowded places. [read post]