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16 Oct 2014, 5:30 am by Jane Bambauer
Jane BambauerFor the conference on Public Health in the Shadow of the First AmendmentThis is Part Two of a two-part post on the First Amendment issues raised in United States v. [read post]
15 Oct 2014, 10:05 am
” Because such label can be taken away at any moment if the quality of the product fails to meet the Label Rouge standards  or if the products are not sold under this label for five years of more, it is regarded by French consumers as a mark of a very fine product. [read post]
15 Oct 2014, 7:09 am
 Several states have enacted laws barring the off-label use of such drugs to induce abortions. [read post]
15 Oct 2014, 5:45 am by Guest Blogger
PollvogtThis is the final post in the Symposiumon Unconstitutional Animus.While the constitutional concept of animus was born in a case about discrimination against hippies, and was significantly elaborated in a case about persons with cognitive disabilities, since the Court’s 1996 decision in Romer v. [read post]
13 Oct 2014, 12:01 pm
It is a challenge to avoid one obstacle without colliding with the other, because the plaintiffs must show that a manufacturer has violated federal law if they are to defeat express preemption, but the plaintiffs must also show that their legal theories predated the federal enactment or would exist independently of federal law if they are to defeat implied preemption.McCormick v. [read post]
10 Oct 2014, 2:54 pm by Jim Gerl
  In a later installment, I discussed the seminal decision of TK & SK ex rel LK v. [read post]
9 Oct 2014, 2:10 pm
We’ve always been of the opinion that the rationale for preemption in Buckman Co. v. [read post]