Supreme Court Review: Privacy v. Safety

Circuit splits make for Supreme Court cases. So do the issues surrounding privacy protections against the reach of federal power. Yet Federal Aviation Administration v. Cooper is still more complex. As District Judge Vaughn R. Walker, famous for his recent

Read more…

Supreme Court Tackles Death Penalty

In a per curiam opinion issued on November 7, the United States Supreme Court unanimously reversed a decision by the United States Court of Appeals for the Sixth Circuit that freed Archie Dixon, an Ohio man who had been sentenced

Read more…

What’s New In IP? Aesthetic Functionality in Louboutin v. YSL

It doesn’t take a fashion guru to recognize Christian Louboutin’s famed black heels, complete with their contrasting red outsoles. These iconic heels are now the subject of an appeal to the Second Circuit, after Judge Victor Marrero found enforcement of

Read more…

What’s New In IP? Nuts and Bolts of the America Invents Act

The Leahy-Smith America Invents Act (AIA) was signed into law on September 16th, 2011, and is a major step in the process of harmonizing U.S. patent law with that of the international community.  Patent reform has proven to be a

Read more…

Defining the Contours of the Copyright Clause in Golan v. Holder

In early October, the Supreme Court heard oral arguments in a case challenging the constitutionality of the Uruguay Round Agreements Act, or URAA. Plaintiffs in Golan v. Holder—orchestra conductors, teachers and film archivists—have challenged the URAA’s removal of works from

Read more…

Prof Hamilton Discusses Middle East Constitutions

How do we know when a Constitution has failed? Is it the actual revolt of the people that alerts us to a constitutional failure, or is it a lower threshold than that, i.e. the lack of certain aspects of the

Read more…

On Behalf of Class Action: SCOTUS Preempts Key Mechanism of Consumer Protection

Hopefully, you’ve managed to take a look at the Supreme Court Review over the last few issues. If so, you may recall an article covering AT&T v. Concepcion, a somewhat complicated case involving the Federal Arbitration Act (FAA), federal pre-emption

Read more…

Healthcare Harmful, Unconstitutional

While our current healthcare system is in dire need of reform, the Patient Protection and Affordable Care Act (PPACA) is a disastrous regime for at least three reasons:
1) Increased cost. The President’s claim that the PPACA will bring down

Read more…

Healthcare Saves Lives, Mine

Obamacare, as it is pejoratively termed, may very well have saved my life. I was born with a congenital heart defect that required open-heart surgery. My parents did not have health insurance when my heart failed and getting insured with

Read more…

A British Perspective: Lack of U.S. Health Care Preposterous

Since arriving in the United States I have been experiencing a bit of a culture shock, part of the appeal of moving to another country. There are two areas where the culture is the most shocking: politics and health care,

Read more…