Monthly Archives: August 2015

D.C. Circuit Review – Reviewed: Can You Keep a Secret?

by Aaron Nielson — Saturday, Aug. 29, 2015@Aaron_L_Nielson

Why does the Supreme Court forbid cameras in the courtroom? It isn’t because courtroom sketches are flattering. Instead, the Justices fear that cameras will change the dynamic of the Court. And why do law clerks have a duty of confidentiality? The reason is similar. Whatever you think of these policies, you can at least appreciate […]

Jurisdiction(al) Matters: New York Republican State Committee v. SEC

by Peter Conti-Brown — Wednesday, Aug. 26, 2015

I’ve been enjoying my co-blogger Aaron Nielson’s review of the DC Circuit’s cases. Perhaps some of this pleasure comes from my memories of clerking there, for the great Stephen F. Williams, the intellectual godfather of many an academic’s career—it’s a uniquely interesting place to clerk, with cases that can be at the core of some […]

FDA Considers Overhauling Its Regulation of Homeopathic Products for the First Time in 25 Years, by Elisabeth Ulmer

by Guest Blogger — Tuesday, Aug. 25, 2015

On March 27, 2015, the Food and Drug Administration (“FDA”) posted a notice of public hearing and request for comments about “the current use of human drug and biological products labeled as homeopathic, as well as the Agency’s regulatory framework for such products.” The FDA took this action because the previously limited homeopathic drug market […]

D.C. Circuit Review – Reviewed: “It was the best of times ….”

by Aaron Nielson — Friday, Aug. 21, 2015@Aaron_L_Nielson

I begin this week’s post with a public service announcement: law students (and, increasingly, law graduates), if you want to clerk on the D.C. Circuit, you need to read more than just Reading Law, Federal Jurisdiction, and administrative law guides and treatises. One of the most common questions a judge will ask in an interview […]

What happens if the House wins its ACA lawsuit?

by Nicholas Bagley — Friday, Aug. 21, 2015

Sarah Kliff has a nice explainer at Vox about how the House’s lawsuit against the Affordable Care Act could get some traction. As I’ve said before, the case should be dismissed for want of standing, and I suspect that it eventually will be—if not by the district court, then on appeal. But what if the […]

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Book Review: Lastra’s International Financial and Monetary Law

by Peter Conti-Brown — Monday, Aug. 17, 2015

It may be the case that legal academics in the U.S. are no longer rewarded for writing treatises. Fortunately for us, the same standard appears not to apply to our British counterparts. Rosa M. Lastra, one of the leading experts on central banks and a pioneer in central banking law, has written the second edition […]

D.C. Circuit Review – Reviewed: King Solomon and the APA

by Aaron Nielson — Saturday, Aug. 15, 2015@Aaron_L_Nielson

The D.C. Circuit’s theme today was, of all things, the Bible. Start with Settling Devotional Claimants v. CRB. The case concerns whether the (now constitutional) Copyright Royalty Board correctly divvied up a pool of royalties among “religious ministries that own copyrights for devotional television programming.” Certain “Devotional Claimants” argued, among other things, that “the Royalty […]

The House’s ACA lawsuit should be dismissed

by Nicholas Bagley — Saturday, Aug. 15, 2015

Walter Dellinger, a former Solicitor General of the United States, has a compelling op-ed in the Washington Post about House of Representatives v. Burwell, the latest effort to maim the ACA in the courts. Read it. He makes a quick, convincing case for why the House lacks standing to sue. ( I made a similar […]

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ACUS is Hiring!

by Aaron Nielson — Thursday, Aug. 13, 2015@Aaron_L_Nielson

Interesting news for admin law aficionados. The Administrative Conference of the United States –ACUS—is hiring. If you really love administrative law, it is hard to imagine a better place to spend some time.

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Can FDA tell a drug company to stop talking about research?

by Nicholas Bagley — Thursday, Aug. 13, 2015

A long-running dispute over the First Amendment flared up this past Friday, when a federal judge in New York told FDA that it couldn’t prevent a drug manufacturer from discussing research supporting an off-label use of its drug. The drug at issue is Vascepa, the active ingredient of which is an omega-3 fatty acid. It’s […]

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