Blog@Case Topics: legal newshttp://blog.case.edu/topics/legal%20newsJudith Kauljudith.kaul@case.eduhttp://blog.case.edu/law-libraryAndrew Dorchakandrew.dorchak@case.eduhttp://blog.case.edu/law-libraryDeborah Dennisondeborah.dennison@case.eduhttp://blog.case.edu/law-libraryCarl Plumb-Larrickcarl.plumb-larrick@case.eduhttp://blog.case.edu/law-libraryLisa Peterslisa.peters@case.eduhttp://blog.case.edu/law-library2011-08-06T02:15:46ZDebt Ceiling Limit Lawhttp://blog.case.edu/law-library/2011/08/05/debt_ceiling_limit_law2011-08-06T00:30:38Z2011-08-06T02:15:46Z
Download file Although much "cleaner" than the last country/world-saving law (TARP 2, which featured many subsidies to industries such as rum producers and a wooden arrow manufacturer), the Budget Control Act of 2011 has some interesting elements. Reuters: S&P downgrades long-term U.S. debt to AA plus.
Andrew Dorchakandrew.dorchak@case.eduhttp://blog.case.edu/law-librarybreast cancer gene patent casehttp://blog.case.edu/law-library/2011/07/29/breast_cancer_gene_patent_case2011-07-29T22:46:35Z2011-08-02T00:43:16Z
Myriad Genetics breast cancer gene federal appellate decision (July 29, 2011, via Scribd) WSJ Law Blog entry (Aug. 1, 2011) Reuters article (July 29, 2011) WSJ Law Blog entry (July 29, 2011) ACLU press release (July 29, 2011)
Andrew Dorchakandrew.dorchak@case.eduhttp://blog.case.edu/law-libraryStatehood and Sovereigntyhttp://blog.case.edu/law-library/2011/07/15/statehood_and_sovereignty2011-07-15T22:13:17Z2011-07-15T23:32:44Z
South Sudan becomes 193rd member of United Nations (July 14, 2011) Reuters: U.S. recognizes Libyan rebels (July 15, 2011)
Andrew Dorchakandrew.dorchak@case.eduhttp://blog.case.edu/law-libraryIn Re Humberto Leal Garciahttp://blog.case.edu/law-library/2011/07/08/in_re_humberto_leal_garcia2011-07-08T21:34:55Z2011-07-08T22:26:21Z
Download file capital punishment and the Vienna Convention on Consular Relations Vienna Convention on Consular Relations, 21 U.S.T. 77, 596 U.N.T.S. 261, link to full-text Status of the Convention (via the United Nations) explanation, summary of key points, and resources related to the Convention (United Nations, 2008)
Andrew Dorchakandrew.dorchak@case.eduhttp://blog.case.edu/law-libraryReport to Congress on Libya and Related Materialhttp://blog.case.edu/law-library/2011/06/17/report_to_congress_on_libya_and_related_material2011-06-17T21:54:01Z2011-06-20T19:53:56Z
Report on Libya submitted to Congress (June 15, 2011) Download file NYT article on debate over the Libyan situation U.N. Security Council Resolution 1973: Situation in Libya: full-text of resolution and related text, establishing a "no-fly zone" over Libya and "authorizing all necessary measures" to protect civilians War Powers Resolution 50 U.S.C. 1541 et seq. (2010) - federal law governing the introduction of the U.S. military into hostilities by Congress and the President, enacted, in part, in response to the Vietnam War. Some pundits have asserted that subsequent presidents from both parties have not necessarily scrupulously applied the law to themselves. U.S. Constitution, Article 1, Section 8 (annotated, via FindLaw) - giving Congress the power to declare war
Andrew Dorchakandrew.dorchak@case.eduhttp://blog.case.edu/law-libraryJudge Gets Reprimand & $100 Finehttp://blog.case.edu/law-library/2011/06/10/judge_gets_reprimand_100_fine2011-06-11T01:27:36Z2011-06-11T01:48:31Z
... for imprisoning lawyer who would not recite the Pledge of Allegiance WSJ Law Blog entry (June 10, 2011) full-text, via Leagle.com ABA Journal article
Andrew Dorchakandrew.dorchak@case.eduhttp://blog.case.edu/law-libraryBarnes v. Indianahttp://blog.case.edu/law-library/2011/06/03/barnes_v_indiana2011-06-03T19:06:22Z2011-09-22T17:39:19Z
Barnes v. State of Indiana, 925 N.E. 2d 420 (2010). Indiana Code
Andrew Dorchakandrew.dorchak@case.eduhttp://blog.case.edu/law-libraryRules for the Supreme Court?http://blog.case.edu/law-library/2011/02/25/rules_for_the_supreme_court2011-02-25T23:36:41Z2011-03-04T17:45:13Z
Daily Beast: Throw Thomas Off the Bench (March 4, 2011) WSJ Law Blog: Does the Supreme Court Need a Code of Ethics? (Feb. 25, 2011) BLT: Law Professors Urge Ethics Rules for Supreme Court (Feb. 24, 2011) Alliance for Justice: letter from law professors, links to newspaper stories, and additional materials Judicial Conference of the United States: Code of Conduct for United States Judges (Supreme Court Justices makes their own recusal decisions.)
Andrew Dorchakandrew.dorchak@case.eduhttp://blog.case.edu/law-libraryBig Tobaccohttp://blog.case.edu/law-library/2010/12/24/big_tobacco2010-12-24T05:06:14Z2010-12-24T05:15:06Z
Please note: The Judge Ben C. Green Law Library is closed until Monday, December 27 at 8:00 AM. S&M Brands, Inc. v. Caldwell Docket: 10-622 (SCOTUSblog) - Is the Master Settlement Agreement (MSA) immune from antitrust scrutiny and does the MSA violate the federal Compact Clause of the Constitution? Tobacco Use Prevention & Control Found. Bd. of Trustees v. Boyce, 2010-Ohio-6207 - diverting tobacco settlement funds is not unconstitutional NCSL, Tobacco Overview, 2010 Summary of the original MSA (U. Dayton)
Andrew Dorchakandrew.dorchak@case.eduhttp://blog.case.edu/law-libraryAlexander v. Cahillhttp://blog.case.edu/law-library/2010/12/14/alexander_v_cahill2010-12-14T15:42:04Z2010-12-14T15:53:23Z
Download file Christian Science Monitor: Supreme Court will not hear case that might have limited lawyers advertising in New York (Dec. 13, 2010) New York State Bar Association: resources on professional standards New York Law Journal: Second Circuit Rejects Most of Attorney Advertising Rules (March 15, 2010)
Andrew Dorchakandrew.dorchak@case.eduhttp://blog.case.edu/law-libraryVirginia v. Sebelius (and Florida v. HHS)http://blog.case.edu/law-library/2010/12/13/virginia_v_sebelius_and_florida_v_hhs2010-12-13T22:04:16Z2011-07-05T15:22:08Z
Thomas More Law Center, et al. v. Obama, et al., via Sixth Circuit Appellate Blog (July 1, 2011) Reuters: Judge Stays Healthcare Ruling... (3/3/2011) WSJ Law Blog: immediate review sought (Feb. 3, 2011) Washington Post (Feb. 3, 2010) Judge Vinson's ruling, via Scribd, Florida v. U.S. Dept. HHS (Jan. 31, 2011) Florida v. HHS, docket sheet (via Justia) SSRN article by Mel Cousins (Dec. 1, 2010) White House on health care waivers (with link to names) (Dec. 10, 2010) NY Times topic: healthcare reform (Jan. 31, 2011) Reuters: Judge strikes down healthcare reform (in a related federal case) (Jan. 31, 2011) WSJ Law Blog (Dec. 29, 2010) WSJ: U.S. to Appeal (Dec. 15, 2010) WSJ Law Blog: The Day After the Big Health Care Ruling (Dec. 14, 2010) TPM: Talking Points Memo (briefly quoting Volokh Conspiracy bloggers Profs. Kerr amd Adler and other professors about an elemental error in the opinion) (Dec. 14, 2010) AP: Setback for Health Care Reform (Dec. 13, 2010) White House press briefing (twenty such challenges ongoing; 2 of 3 federal courts have upheld it) (Dec. 13, 2010) ABC News: interview indicating that 14 other such legal challenges had been rejected (brief video, Dec. 14, 2010) Download file (courtesy of the How Appealing blog) links to news stories (also via Howard Bashman's How Appealing blog) Volokh Conspiracy blog, featuring comments from CWRU Law Prof. Jonathan Adler and others Dueling Advocacy Groups: American Constitution Society for Law and Policy (Dec. 13, 2010) Cato Institute (Dec. 13, 2010) Wendell Potter. Deadly Spin: An Insurance Company Insider Speaks Out on How Corporate PR is Killing Health Care and Deceiving Americans. New York: Blommsbury Press, 2010. ( print OhioLINK book)
Andrew Dorchakandrew.dorchak@case.eduhttp://blog.case.edu/law-libraryWhat would you ask? What would you want to know?http://blog.case.edu/law-library/2010/09/16/what_would_you_ask_what_would_you_want_to_know2010-09-16T18:58:26Z2010-09-16T19:06:11Z
On September 14th the Federal Drug Administration’s (FDA) Drug Safety and Risk Management Advisory Committee considered whether or not to recommend that dextromethorphan (used in over-the-counter cough medicine) be regulated under the Controlled Substances Act. Here is a draft of the questions on which the committee was asked to base their decision:
Lisa Peterslisa.peters@case.eduhttp://blog.case.edu/law-libraryFederal Sentencing Guidelineshttp://blog.case.edu/law-library/2010/07/19/federal_sentencing_guidelines2010-07-19T18:58:17Z2010-07-19T19:13:04Z
National Law Journal (via Law.com, July 19, 2010) - Dept. of Justice seeks "comprehensive review" of federal sentencing. Federal Sentencing Guidelines Manuals (U.S. Sentencing Commission, various dates) Into the Twilight: Informed Judicial Discretion in Federal Sentencing (2009 Drake Law Review article,via SSRN) Why March to a Uniform Beat: Adding Honesty and Proportionality to Federal Sentencing (2010 Texas Journal on Civil Liberties and Civil Rights, via SSRN)
Andrew Dorchakandrew.dorchak@case.eduhttp://blog.case.edu/law-libraryNew (July 12, 2010) Dept. of Interior Memo Order on Deepwater Drillinghttp://blog.case.edu/law-library/2010/07/13/new_july_12_2010_dept_of_interior_memo_order_on_deepwater_drilling2010-07-13T20:35:39Z2010-07-13T20:42:12Z
Download file DOI Press webpage (with Q & A) BNA's Daily Environment Report (July 13, 2010) (access to CWRU Law patrons only)
Andrew Dorchakandrew.dorchak@case.eduhttp://blog.case.edu/law-libraryElena Kagan: (Very) Selected Resourceshttp://blog.case.edu/law-library/2010/05/11/elena_kagan_very_selected_resources2010-05-11T14:48:11Z2010-05-11T23:26:40Z
Elena Kagan, Confirmation Messes (62 U. Chi. L. Rev. 919 (1995), HeinOnline access required) Stephen L. Carter, The Confirmation Mess: Cleaning Up the Federal Appointments Process. BasicBook, 1994. (OhioLINK record for print book reviewed by Elena Kagan) ( additional articles on women and the law, presidential administration, nondelegation, speech and libel; tributes to Justice Marshall and Prof. David Westfall) (HeinOnline access required.) Public patrons may access most of the articles for free via SCOTUSblog: 9750 Words on Elena Kagan (May 8, 2010). This entry has useful content for all interested people. U. Michigan Law Library website (links to additional, relevant content, such as government documents and the White House blog) Volokh Conspiracy blog: Elena Kagan as a Scholar
Andrew Dorchakandrew.dorchak@case.eduhttp://blog.case.edu/law-library'Network Neutrality' case: Comcast v. Federal Communications Commission (April 6, 2010)http://blog.case.edu/law-library/2010/04/06/network_neutrality_case_comcast_v_federal_communications_commission_april_6_20102010-04-06T17:40:49Z2010-04-08T00:37:51Z
Download file Does the FCC have the authority to regulate an Internet Service Provider's network management practices? The Court held that the FCC could not exercise ancillary authority over Comcast's network management practices, for a variety of substantive and procedural reasons. District court opinion (Aug. 28, 2009, via Scribd) Computerworld: Net Neutrality Suffers A Blow (April 7, 2010, brief article) FCC info (from the U.S. Government Manual) "The Federal Communications Commission regulates interstate and foreigncommunications by radio, television, wire, satellite, and cable..." Obsidian Wings blog entry (Oct. 6, 2009) (background on case)
Andrew Dorchakandrew.dorchak@case.eduhttp://blog.case.edu/law-librarySubscription Database Spotlight: BNA health-related resourceshttp://blog.case.edu/law-library/2010/03/23/subscription_database_spotlight_bna_healthrelated_resources2010-03-23T16:02:41Z2010-04-06T17:02:16Z
As a reminder to the members of the CWRU Law School community who may be working their way through H.R. 3590, the Law School subscribes to the following Bureau of National Affairs Publications that may be worth consulting. BNA is a leading publishers of "newsletter format" looseleaf services, now all migrated into useful online platforms: (links require sign-on for CWRU users) Health Care Daily Report Health Care Policy Report Health Law Reporter Health Law & Business Library Health Plan & Provider Report CWRU Law patrons (only) may access these titles via the Law School's Intranet (Library Services -- Electronic Research Resources). As with all legal publications, one has to take note of the publication dates of the articles. For example, one of the charts was dated 3/19/10 (as of yesterday), while the final House vote was taken on 3/21/10. Washington Post (April 6, 2010): links to free online guide to health care reform
Andrew Dorchakandrew.dorchak@case.eduhttp://blog.case.edu/law-libraryHealth Care legislation and bill-tracking available via Thomashttp://blog.case.edu/law-library/2010/03/22/health_care_legislation_and_billtracking_available_via_thomas2010-03-22T20:47:14Z2010-03-29T22:04:11Z
As all readers of this page must surely be aware, last night the House of Representatives passed the Senate's health care bill (Though technically this was the bill originated in and first passed the house, and so numbered H.R. 3590, but extensively amended before Senate passage. Therefore, last night's vote was actually on a motion to agree to the Senate amendments.) The House has also passed a set of modifications, bundled as a budget reconciliation measure. We've linked resources for information on the progress of health care legislation through Congress before. But it seems worth taking the opportunity to again point out the value of the Library of Congress' free 'bill-tracking' tool, Thomas. Thomas should be one of the first places to turn for information about the status and the formal procedural steps in any ongoing legislative effort. Thomas' page for the legislation that passed the House last night is found here. The "all information" link provides a summary of the contents of the act, followed by a chronological listing of legislative action taken on that specific bill. By selecting the "related bills" links at the top of the page, one can see any actions taken on other 'related' bills from the same Congress. The summary and status page for the reconciliation act is found here. Andrew
Carl Plumb-Larrickcarl.plumb-larrick@case.eduhttp://blog.case.edu/law-libraryLohan ("Lindsay") vs. E-Tradehttp://blog.case.edu/law-library/2010/03/09/lohan_lindsay_vs_etrade2010-03-09T20:29:43Z2010-10-07T20:29:18Z
Download file (complaint, from TMZ) New York statutes (Consolidated Laws of New York) NY Post article, with link to commercial Right of Publicity (brief article, 2000) Disclosure, Endorsement and Identity in Social Marketing (2009 law review article via SSRN) WSJ Law blog (March 9, 2010) California statute and selected case summaries (right of publicity)
Andrew Dorchakandrew.dorchak@case.eduhttp://blog.case.edu/law-librarySpy Chips in British Garbage Cans & Dogs (& at Work)http://blog.case.edu/law-library/2010/03/08/spy_chips_in_british_garbage_cans_dogs_at_work2010-03-08T16:05:58Z2010-03-12T16:51:16Z
AP (via Cleveland.com) (March 9, 2010) Britain may force dogs to get microchipped) Mail article (March 5, 2010) (to weigh garbage for "pay-as-you-throw" trash tax) Telegraph (March 9,2010): Dog insurance scheme may penalize responsible owners What is RFID? (brief article) Walmart press release (May 1, 2007) (better inventory control saves consumers millions in gas costs and reduces tons of greenhouse gas emissions) Edward Balkovich, Tora K. Bikson, Gordon Bitko. 9 to 5: do you know if your boss knows where you are?: case studies of radio frequency identification usage in the workplace. Rand, 2005. print book record Rand research report (3 p.) Spychips (2005 print book): OhioLINK record anti-RFID website associated with the book
Andrew Dorchakandrew.dorchak@case.eduhttp://blog.case.edu/law-library