March 30, 2007
Catherine E. Creely, Prognosis Negative: Why the Language of the Hatch-Waxman Act Spells Trouble for Reverse Payment Agreements, 56 Cath. U. L. Rev. 155 (Fall 2006). It's not, unfortunately, availabe on the law review's site.
March 29, 2007
Utah Enacts Anti-Adword Statute
A newly enacted statute from Utah will, I am sure, lead to tremendous litigation and substantial questions as to whether it is preempted by federal trademark law. It allows people to register "electronic registration marks" and, once registered, lets the owner ban search sites, like Google, from keying ads to those words.
March 28, 2007
Texas Enacts "Self Defense" Law
Florida has led Texas to return to the wild west: Texas adopted a statute, much like the one that met with some derision in Florida, that allows deadly force in expanded circumstances. There's an article about the statute here.
March 27, 2007
Why it's a Slow News Day at SCOTUS
An interesting article in the Washington Post appears here, examining the slower-than-usual pace of opinion issuance, even though the Court heard fewer caes than usual.
Rehabilitation Act not Waiver of 11th Amendment Sovereign Immunity
A panel of the Fifth Circuit has held that Texas did not waive sovereign immunity by accepting funding under the Rehabilitatin Act. The opinion, Hurst v. Tex. De't of Assistive and Rehabilitative Serv., No. 05-511656 (March 26, 2007) is here. The panel unanimously held that there was no "clear statement" in Section 102 of that act.
March 26, 2007
Porn Act Violates First Amendment. There's an article here detailing why the Child Online Protection Act fails to pass First Amendment muster. The E.D. Pa's website was down this morning, so I couldn't find the opinion.
Scranton PA Anti-Illegal Immigrant Law Challenged. The judge has the case, as this article point out.
No Nukes in Our Park, Just Every Where Else! I thought this article about meaning of a local ordinance was funny.