In 1999, the U.S. Department of Justice sued tobacco makers and others for lying about cigarettes — the addictiveness of nicotine, the link between smoking and health problems (including lung cancer), and the safety of "light" and "low tar" taters. The government alleged that the defendants formed an illegal association-in-fact "enterprise" and engaged in a
Preemption Redemption
This 1974 bad boy drank 14 gallons per mile.
A federal law can, and often does, set nation-wide standards. Take the old cap on speed limits. Between 1974 and 1995, the maximum road velocity ranged from 55 to 65 miles per hour across the U.S.
The example points up a second aspect of nation-wide federal rules. Before the energy crisis in
WSJ Says Businesses Expect “Simpatico” Supremes Nominee
Jess Bravin of the WSJ writes today that, "[a]s conservatives gear up to oppose President Barack Obama's eventual choice for the Supreme Court, the Republican Party's traditional heart — the business community — is laying low." He cites "guarded optimism about the president's eventual pick."
What do you think? Would these short-listers strike a Souter-like
“Plausibility Standard” of Twombly Applies in All Civil Cases
Lest you have any doubt about how far the "plausibility standard" of Bell Atl. Corp. v. Twombly, 550 U.S. 544 (2007), will reach, witness what the majority said yesterday on that score in Ashcroft v. Iqbal, No. 07-1015, slip op. at 20 (U.S. May 18, 2009):
Respondent . . . says that our decision
Twombly Trumps Terror Suspect’s Tort Theory, Supremes Rule 5-4
A 5-4 majority of the U.S. Supreme Court held today that high federal officials need not answer civil claims over post-9/11 detention policies. The Court ordered dismissal of a complaint by Javaid Iqbal, a Pakistani, against former Attorney General John Ashcroft and ex-FBI Director Robert Mueller. Ashcroft v. Iqbal, No. 07-1015 (U.S. May 18, 2009).
Mr. Iqbal
Truth, Justice, and Blawgs
Would a lawyer dare use a law blog to try to affect the outcome of an appeal?
A Note in the April edition of Stanford Law Review makes the case for worrying. See Rachel C. Lee, Ex Parte Blogging: The Legal Ethics of Supreme Court Advocacy in the Internet Era, 61 Stan. L. Rev. 1535 (2009).
Blawgletter
Tenth Circuit Judge, 53, Will Retire to Stanford, Direct Con Law Center
Judge McConnell in teaching mode.
The Tenth Circuit announced yesterday that Judge Michael W. McConnell will return to legal academia in late summer.
The resignation will open a vacancy on the 12-judge court.
The court's press release said:
Tenth Circuit Judge Michael McConnell Stepping Down From Bench
DENVER – The United States Court of
Guest Blawg: Ron Woessner and Chris Knowles
Today Blawgletter welcomes back the estimable Ron Woessner as Guest Blawger. Joining him is aspiring SMU law grad Chris Knowles.
Their post calls on the American Bar Association to tighten the ethical test for security of electronic communications involving confidential matters. As you'll see, the ABA's standard contrasts with the stricter one that applies to our friends who practice healing arts
“Fleeting . . . Nudity” Gets Second Look
You've read about the U.S. Supreme Court's ruling in the "fleeting expletives" case. Today Blawgletter welcomes you back to the case involving a "fleeting image of nudity" that, for 9/16 of a second, broadcast a picture of Janet Jackson's bare right-side area between the bottom of her rib cage and her shoulder.
The Federal Communications Commission condemned CBS's
Annals of Arbitration: Early Appeals Always Okay from Denials of Stay, Supremes Hold
At least three courts of appeals have held that a non-contracting party who loses a motion to compel arbitration under the doctrine of "equitable estoppel" has to wait until the end of a court case to appeal. See "Antitrust Class Beats Arbitration-by-Estoppel". The Second Circuit parted company with its sister courts (the Sixth, Tenth, and D.C. Circuits). See "Supremes to