Science, Computers & Technology Conflict of Laws Constitutional Law

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A One-Two Punch Case With An Off-Label Twist

When we were young(er), we had a pretty good memory. It is not bad now, as far as we recall, particularly when it comes to pulling up bits of esoteric nonsense. For more important stuff, we find qualifiers like “vague” and...more

Breaking News: Physical Presence Requirement Bill Introduced in Congress

On July 14, 2016, Congressman Jim Sensenbrenner (R-WI) introduced the No Regulation Without Representation Act of 2016 (H.R. 5893) in the US House of Representatives (House). The bill would codify the physical presence...more

“May the Odds Be Ever in Your Favor” – The Ten Best Prescription Drug/Medical Device Decisions of 2015

The iconic Hunger Games line, “may the odds be ever in your favor” pretty much sums up how we feel about our top ten best decisions of 2015. These are results that put the “happy” in Happy New Year – which we wish all our...more

Pennsylvania Court Rejects Request to Create Common Law Duty to Protect Sensitive Personal and Financial Information

A Pennsylvania judge has dismissed a class action arising out of the breach of confidential employee information, adding to a growing body of state courts that have found that negligence claims alleging failure to provide...more

Ninth Circuit Upholds Alameda Safe Drug Disposal Ordinance, Triggering Implementation of King County Secure Medicine Return Rule

On September 30, 2014, the Ninth Circuit affirmed the Northern District of California’s summary judgment that the Alameda Safe Drug Disposal Ordinance (the “Ordinance”) does not violate the dormant Commerce Clause of the...more

Allergan, Inc. v. Athena Cosmetics, Inc. (Fed. Cir. 2013) -- FDCA Does Not Preempt State Unfair Competition Laws

If you have ever wondered how popular eyelash enhancers like RevitaLash and Latisse produce their effects, Allergan, Inc. v. Athena Cosmetics, Inc. provides the answer: these products comprise prostaglandin derivatives. The...more

Goodbye to Generic Preemption? FDA Publishes Proposed Rule

Today, the U.S. Food and Drug Administration (FDA) published a long-awaited proposed rule in the Federal Register in an effort to “create parity” between brand-name and generic manufacturers for their labeling obligations. 78...more

Illinois Click-Through Nexus Law Preempted by the Internet Tax Freedom Act

In a 6-1 decision, the Illinois Supreme Court affirmed an Illinois Circuit Court holding that Illinois Public Act 96-1544 (The Click-Through Nexus Act), requiring out-of-state retailers to collect and remit use tax, violates...more

Nevada Gaming Commission NOTICE OF REQUEST FOR COMMENTS AND/OR LANGUAGE ON REGULATIONS CONCERNING INTERSTATE AGREEMENTS FOR...

Nevada Gaming Commission NOTICE OF REQUEST FOR COMMENTS AND/OR LANGUAGE ON REGULATIONS CONCERNING INTERSTATE AGREEMENTS FOR INTERACTIVE GAMING. --- Section 6 of Assembly Bill 114 from the 2013 Legislative Session...more

Texas Ballot Measure SJR No. 43: "The constitutional amendment to authorize online poker gaming regulated under federal law."

State of Texas Ballot Measure SJR No. 43: "The constitutional amendment to authorize online poker gaming regulated under federal law." [By: Sen. Leticia Van de Putte] --- A JOINT RESOLUTION proposing a constitutional...more

The Off-Reservation Internet Gaming Debate: International Masters of Gaming Law (IMGL) Discussion (03.09.2013)

The Off-Reservation Internet Gaming Debate: International Masters of Gaming Law (IMGL) Discussion (03.09.2013) [re-purposed extract from IMGL LinkedIn legal discussion] --- Some believe that from a US Constitutional...more

NCAA, et. al. v. Christopher J. Christie, et. al. (New Jersey Sportsbetting / PAPSA Litigation)

USDOJ MEMORANDUM IN SUPPORT OF THE CONSTITUTIONALITY OF THE PROFESSIONAL AND AMATEUR SPORTS PROTECTION ACTNew Jersey

MEMORANDUM IN SUPPORT OF THE CONSTITUTIONALITY OF THE PROFESSIONAL AND AMATEUR SPORTS PROTECTION ACT [U.S. Department of Justice, Civil Division] --- [USDOJ Memo of Points & Authorities argues that PASPA is...more

Processo Judicial Eletrônico e o Principio da Publicidade

Artigo/resenha livro mesmo título, minha autoria....more

Impact of WTO / GATS on UIGEA Analyses

Impact of WTO / GATS on UIGEA Gaming Law Analyses. Note on State Gaming Laws and Extraterritorial reach of state law outside state borders. Poker, Casino, Gaming, International, Constitutional Law....more

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