FDA

NO…. how will teens resist the power of Stephen Dorff?

Let me tell you something about “e-cigs,” or electronic cigarettes: they are the worst. Not worse than cancer… though that’s just a theory since I’ve had an e-cig but I haven’t had cancer. If cancer is anything like smoking an e-cig, I certainly don’t want to have cancer.

E-cigs are being advertised in national campaigns by Stephen Dorff and the incomparable Jenny McCarthy as a substitute for smoking regular cancer cigarettes, but they only serve that function if you are the kind of person who thinks that getting a vaccine can turn you into Stephen Dorff.

Tobacco was the first cash crop that made moving to North America a lucrative venture. E-cigs deliver nicotine liquid and turn it into water-vapor in an assortment of flavors that make you look like a giant douche. I wish scientists spent more time curing cancer so I could smoke a freaking cigarette instead of making plastic tubes that light up blue on the end so your friends can punch you in the face in the dark.

Left to their own devices, e-cigs would eventually be as cool as non-alcoholic beer. They’d just be another apparatus that signaled this to the world: “I’ve made horrible choices in my youth, but now I’m trying to change.”

But now the government wants to get involved and regulate the products. So children aren’t tempted to smoke them. Yes, because if there’s one thing that doesn’t tempt children, it’s making something forbidden…

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* The D.C. Circuit has banned the import of Sodium Thiopental, putting a crimp in the plans of any state looking to administer lethal injections. This is where Delaware has it right… no one is going to outlaw rope. [The Volokh Conspiracy]

* Steve Cohen didn’t read 89 percent of his emails. In his defense, “I think I’m guilty of insider trading” and “I am a Nigerian Prince” are probably both getting caught by the spam filter. [DealBreaker]

* Sequestration has put the pinch on the rights of indigent federal defendants to receive legal representation. But at least our airlines are shielded from hardship. [PrawfsBlawg]

* “Just as Justice Scalia predicted in his animated dissent, by virtue of the present lawsuit, “the state-law shoe” has now dropped in Ohio.” [USA Today]

* Wire Lawyer is running a competition among law school alumni to see which schools are the most technologically progressive. What do you know, people from Seattle and California are winning a technology competition. [Wire Lawyer]

* Hall of Famers Art Monk and Darrell Green have joined the movement to get Washington to stop using the ‘Redskins’ name. [ESPN]

* Bloomberg takes a look at the legal controversy brewing around unpaid internships. Video after the jump… [Bloomberg Law via YouTube]

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Make it rain, law schools!

* With the Supreme Court’s term winding quickly to a close, it’s likely that conservative justices will write for the majority in some of the most closely watched and controversial cases. Uh oh. [Washington Post]

* Judge Edward Korman, the man who slapped around the FDA like it owed him money in a ruling over access to the morning-after pill, is actually a very soft-spoken, kind-hearted fellow. [New York Times]

* Wherein a Chicago Law professor and a Vedder Price partner argue that instead of cutting law school down to two years, financial aid should be given out like candy. Hey, whatever works. [Bloomberg]

* Brooklyn Law’s got a whole lot of drama these days: Their president is stepping down, their dean is apparently still a full-time partner at Patton Boggs, and a law professor is suing over alleged ABA violations. [New York Law Journal]

* That’s not the only New York-area law school awash in scandal. Chen Guangcheng has received the boot from NYU Law due to alleged harm done to the school’s relationship with China. [New York Times]

* When questioned about the need for his school, Indiana Tech’s dean says the lawyer oversupply and lack of jobs don’t matter. It’s about the quality of the graduate. Good luck with that! [Journal Gazette]

* This came too soon (that’s what she said). The alleged porn purveyors at Prenda Law will close up shop thanks to the costly litigation surrounding their copyright trolling. [Law & Disorder / Ars Technica]

* Fort Hood shooter Maj. Nidal Hassan won’t be allowed to use a “defense of others” strategy in his murder trial, because not only does it fail as a matter of law, but it’s also ridiculous. [Associated Press]

* Harvard Law grad Cate Edwards, daughter of disgraced pol John Edwards, took a dramatic step away from her father’s tabloid-esque pubic interests by opening her own public interest firm. [WJLA ABC 7]

* Judge Thomas Jackson, well-known for his antitrust ruling against Microsoft, RIP. [New York Times]

* The Kardashians are suing their father’s widow for allegedly trying to exploit his diary — because the Kardashians object to anything exploitative. [Courthouse News Service]

* Judge Edward Korman ruled that the FDA must stop requiring those under 17 years old to present a prescription for the morning after pill. MTV’s programming executives plan to appeal. [Huffington Post]

* Wow. A partner at Alston & Bird decided to take to Facebook to troll a solo practitioner. Because that’s not douchey at all. [Rowland Legal]

* Do litigators really need instruction not to scream at witnesses? [Roll on Friday]

* A school in Massachusetts privatized school lunches, and then that company told its workers to dump the food of students who were in default on their lunch tickets. America! F**k Yeah! [Lawyers, Guns and Money]

* Illegalities sums up the malaise of being a Biglaw associate with this reblog. [Illegalities]

* Target learns the value of editing after labeling plus-sized dresses with the word “Manatee.” [Forbes]

* After the jump, watch Elie discuss his take on Democrats just coming around to supporting gay rights. Maybe McKayla Maroney rubbed off on Elie during their interview, because in this segment, he’s not impressed….

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Mr. Burns: Since the beginning of time, man has yearned to destroy the sun. I shall do the next best thing: block it out.
Mr. Bloomberg: Yes. The people must be protected from the sun’s harmful UV radiation!
Mr. Burns: Umm, sure, whatever. [Activates Sun Blocker]
Mr. Bloomberg: Excellent.

I fully believe that Bloomberg would ration sun time if he could — or at the very least force everybody to wear sunscreen. Like your mother, he simply thinks that he knows what is better for you and what you should be allowed to do. And he’s willing to use any means necessary, fair or unfair, legal or illegal, to make you do what he thinks you should be doing.

The latest: since he can’t force stores to display horrific images with the purchase of cigarettes, he now wants to prohibit stores from displaying cigarettes at all.

Will the courts smack him down again?

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The FDA's central office?

Forget the vast right-wing conspiracy. Forget the secret Communists hiding out in America. Over the weekend, the New York Times unleashed a massive article blowing the lid off the scariest conspiracy of them all: the secret Food and Drug Administration surveillance conspiracy.

Apparently, the FDA has been spying on some of its scientists, seeking out “enemies” of the agency, reading scientists’ private correspondence with everyone from journalists to attorneys to Barack Obama, taking screenshots of their personal computers, and more. The agency is facing accusations of privacy and whistleblower violations, and the scandal is so absurd that one senator has called the FDA the Gestapo.

Extra, extra, read all about it…

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* Dewey know how many professional firms have been allowed to stay on as advisers for the largest law firm bankruptcy in U.S. history? Six out of nine firms were permitted to continue services, but Proskauer wasn’t one of them. [Am Law Daily (sub. req.)]

* In other defunct firm news, Al Togut will be presenting Dewey & LeBoeuf’s former partners with a proposed settlement on Wednesday. You’ve been warned: prepare yourselves for some Biglaw-style bitching. [Thomson Reuters News & Insight]

* Despite reports of the billable hour going the way of the dodo bird, it looks like they’re here to stay. Right now, corporate law departments are still much more excited about alternative billing arrangements than law firms. [WSJ Law Blog]

* Judge Sam Sparks, the King of Benchslaps, dismissed Lance Armstrong’s lawsuit against the USADA in record time. That ruling came too quickly — guess it’s time to investigate judicial doping. [New York Times]

* Marc Dreier’s son, Spencer Dreier, is representing himself pro se in a defamation suit against his former college roommate. Looks like Daddy couldn’t spring for his kid’s lawyer while he was in the clink. [Bloomberg]

* A California woman claims that the Food and Drug Administration’s methods regarding sperm donations are unconstitutional. Why should she have to go to an intermediary to get sperminated? [Huffington Post]

* Do you smell what The Rock is cooking? It’s not exactly something to be proud of. Actor Dwayne Johnson is listed as a “co-conspirator” in a $1.8M fraud lawsuit that’s been filed by a South Florida family. [NBC Miami]

* In an unprecedented move, Health Secretary Kathleen Sebelius has overruled the FDA. Looks like the Obama administration thinks that Plan B will turn little girls into promiscuous prosti-tots. [Wall Street Journal]

* Due to this ruling, Occupy Boston protesters will probably have to STFU and GTFO. Bring out the brooms, because this will be the only sweep that Red Sox Nation gets to see for a while. [Bloomberg]

* Hopefully UVA Law student Joshua Gomes has some transcript paper stashed away, because with a bond hearing on December 12, he’s probably going to be missing some finals. [The Hook]

* The spouses of the Supremes have published Chef Supreme, a cookbook dedicated to RBG’s husband, famed tax lawyer Martin Ginsburg. Better title: Article III Gourmand. [Blog of Legal Times]

* Lovely Hooters ladies in California will no longer have to pay for their uniforms thanks to this class action settlement. Stay tuned for smaller, tighter uniforms in light of budgetary constraints. [KCRA 3]

* Should the Supreme Court be forced to televise oral arguments? Yes, but only on the condition that we get spin-off shows called Wise Latina Justice and Ruthie’s Law. [WSJ Law Blog]

* Rod Blagojevich won’t get leniency during sentencing. He’ll spend the next week lamenting the fact that can’t brush his beautiful hair like Marcia Brady while in prison. [Bloomberg]

* Brynee Baylor, a D.C. attorney, has been charged with fraud by the SEC. Hey, sometimes you gotta do what you gotta do to get yourself a pair of Jimmy Choos. You go girl. [Blog of Legal Times]

* Plan B, the morning-after pill, may soon be available on drugstore shelves thanks to the FDA. But so what? Plan A, keeping your legs closed, is a much cheaper alternative. [New York Daily News]

* Pakistani actress Veena Malik is suing FHM for $2M. She only wanted to go topless on the cover, but she claims they made her look full on nude. Have at it, pixel inspectors. [New York Magazine]

If we try hard enough, I bet we can blame the entire collapse of the American economy on some Lehman Brothers dudes who had too much Four Loko.

We’ve been following the successful crusade to get the original Four Loko banned because of its “dangerous” combination of caffeine and alcohol. Outlawing one specific mixture of alcohol and caffeine in a society where both alcohol and caffeine are abundant has always seemed stupid to me. It’s blaming a drink manufacturer for other people’s lack of personal responsibility. Four Loko, when enjoyed responsibly, was no more dangerous than any other alcoholic drink. When it was enjoyed by idiots, stupid things happened. Banning Four Loko just encourages blaming others for your own stupid and drunken behavior.

We recently saw what has to be the height of this Four Loko lunacy. A college student was shot to death last year, and now his family is suing the makers of Four Loko….

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