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21 Nov 2013, 12:13 pm
  First of all, the position was unprecedented:[N]o court has ever found that a product is “intended for use” or “intended to affect” within the meaning of the FDCA absent manufacturer claims as to that product’s use.Id. at 417 (quoting Brown & Williamson Tobacco Corp. v. [read post]
22 Jul 2022, 5:01 am by Eugene Volokh
Arneson, 766 F.3d 774, 793 (8th Cir. 2014) (applying the Brown v. [read post]
26 Mar 2021, 6:02 am by Josh Blackman
Dworkin, 601 F. 3d 693, 708–709 (CA7 2010)(collecting cases); see also Burger King, 471 U. [read post]
11 Jun 2010, 8:36 am by Joseph C. McDaniel
Lundin, Chapter 13 Bankruptcy §164.1, p. 164–1, and n. 4 (3d ed. 2000) (hereinafter Lundin (2000 ed.)) [read post]
2 Aug 2022, 6:30 am by Guest Blogger
For that matter, Justices Breyer, Kagan, and Sotomayor, as well as Justice Brown Jackson (while a federal judge), use those canons with increasing frequency in statutory interpretation cases as well.[17]Recognizing that fact, Justice Elena Kagan and a leading nontextualist scholar of statutory interpretation, Professor William Eskridge, have quipped, “[w]e’re all textualists now” (well, before walking that statement back in dissent to this past Term’s environmental… [read post]