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November 18 roundup

November 18, 2008 16:15

Harvard’s Charles Nesson argues that Digital Theft Deterrence and Copyright Damages Improvement Act of 1999 violates Constitution by letting civil lawyers for RIAA enforce a criminal law [AP/MSNBC, Elefant] In some circles, bitter disappointment at reports that Obama camp probably won’t...

Update: lawprof drops suit against students

November 18, 2008 05:19

Updating our Apr. 29 item: “A law professor who sued two former students for defamation has dropped his suit after the school’s interim dean said there is no evidence he is a racist. Law professor Richard Peltz of the University of Arkansas at Little Rock told Inside Higher Ed that he sued to ...

Richard Epstein on Wyeth v. Levine

November 18, 2008 05:08

The Chicago lawprof discusses the pending Supreme Court case on implied pre-emption: …it is folly to act as if the private lawsuits attacking FDA warnings just backstop a porous and lax FDA. Often those lawsuits add an unwanted deterrent against the sale of desperately needed drugs. That risk...

Alan Keyes sues Barack Obama

November 18, 2008 01:00

From the farther shores of political lawsuit-filing, from a farther-shores kinda guy: “On November 13, Alan Keyes and his vice-presidential running mate in California, Reverend Wiley Drake, and other members of the American Independent Party, filed a new lawsuit over Barack Obama’s e...

“Dr. Megaworkup”

November 17, 2008 14:34

It’s enough to exasperate WhiteCoatRants (Oct. 20): …Utter the terms “chest pain” and “trouble breathing” in the same sentence and with some doctors you’re getting a chest CT. It doesn’t matter that you have a cough, runny nose, that the chest pain is burning and only occurs when you co...

Mississippi: “Former state pathologist suing Innocence Project”

November 17, 2008 05:18

“Dr. Steven Hayne, the man who performed most of Mississippi’s autopsies for 20 years, has filed a defamation lawsuit against The Innocence Project.” (Howard Ballou, WLBT, Oct. 30). Hayne has been criticized because he said he conducted about 1,500 autopsies a year, much higher...

“Britain has no responsibility to protect Iraqis from their own legal system”

November 17, 2008 05:16

Fun with international human rights law, continued: Lawyers for two Iraqis accused of the murder of two British soldiers now maintain that the men cannot get a fair trial in Iraq, and are entitled to one here in Britain instead. A High Court judge will rule on the case this week. Lawyers have...

Microblog 2008-11-16

November 17, 2008 04:59

Tenth anniversary of Great Tobacco Robbery settlement of 1998 [NPR series all week h/t @billchilds; Carter Wood at PoL here, here, here, and here] # No need for “socialism” with endless bailouts instead [George Will, David Brooks] # Rude name for “age-restricted” (no-kids)...

American Apparel arbitration, cont’d

November 16, 2008 05:09

A couple of weeks ago I did a brief post, and guestblogger Victoria Pynchon did a longer one, on the unusual sequence of events by which American Apparel and its founder Dov Charney settled a sexual harassment lawsuit for an agreement to pay $1.3 million tied to an (abortive) agreement to send the...

Nowhere to hide

November 15, 2008 18:59

When your litigation opponent subpoenas your Facebook, Amazon, MySpace, Flickr, LinkedIn and (locked) Twitter pages. Tags: discovery, Facebook, lawyering vs. privacy, MySpace, social networking, Twitter Related posts September 29 roundup (8) November 4 roundup (8) February 23 roundup...