President Bush said today:

This government does not torture people.

Blawgletter would risk a charge of snarkiness if we said something like:

  • Does that mean the government used to torture people?  When did it stop?
  • Okay.  Y’all may not torture people, but by golly y’all sure do give the impression of torturing the English

The Second Circuit today barred a copyright co-owner from going back in time to kill another co-owner’s infringement claims.  The case involved two songs — "L.O.V.E." and "Don’t Trade in My Love" — versions of which hip-hop soul singer Mary J. Blige recorded on a triple platinum album, No More Drama.  Sharice Davis sued

The NYT reports today on the influx of doctors since Texas enacted a law that makes medical malpractice lawsuits uneconomic.

No word on the law’s effect on the frequency of malpractice. Dare we hope that only really terrific physicians respond to the virtual absence of malpractice liability?

Barry Barnett

The NYT reports today that government lawyers okayed the CIA’s harshest interrogation methods shortly after Alberto Gonzales took over as America’s chief defender of the rule of law. 

Imagine Blawgletter’s surprise.

We admit to enjoying the part about an exchange between James B. Comey and David S. Addington over a "torture" memo by John Yoo. 

Pharmaceuticals
One pill makes you larger.

Today the Second Circuit solved a possible conflict between different kinds of employee welfare benefit plans by carving out a sub-class. 

Merck-Medco contracted to manage pharmaceutical benefits for the plans and their members.  The plans alleged that Merck-Medco breached fiduciary duties under the Employee Retirement Income Security Act of 1974

The Fifth Circuit yesterday sent a securities case back to the district court for trial.  The decision reversed a summary judgment for Terrebonne Parish on its statute of limitations defense.  The court held that disappointing financial results didn’t give the securities purchasers "inquiry notice" of possible fraud.  They didn’t get notice, the court concluded, until

Doobiebrothers
The Doobie Brothers sang "Blackwater".

In 1651, the bookish Englishman Thomas Hobbes published Leviathan.  In it, he ruminated on humans’ cession of their natural rights to a sovereign state in return for protection.  The social contract ended the war of all against all and saved us from a life that he described, in a

The First Circuit held yesterday that a "reconstruction" of a copyrightable work doesn’t satisfy the "copy" requirement for copyright registration.  The author in the case wrote down lyrics and music for an original song on a piece of paper in 1993.  He forgot about it until eight years later, when he learned that somebody else