Health Care / Medicine

It’s been a while since we have had a good ol’ Flori-duh story. I mean, that Miami kid came up with a ridiculous student bill of rights ages ago. We’re all overdue for some Everglades antics.

We’ll need to do a Florida potpourri here, but together these two stories have everything we’ve come to expect from the Sunshine State. We’ve got randomness, violence, crime, and circumstances that would seem improbable anywhere else.

And the fact that this is happening at arguably the top law school in Florida just makes everything so much better. Pass the Tropicana and strap in, for a look at life down in Gatorville

double red triangle arrows Continue reading “A Real Life ‘Blue’ and a Pushy Prof Spice Up Life at a Top 50 Law School”

Image representing Google as depicted in Crunc...

A legal challenge to Google search results garners more sympathy in Europe than it would in the U.S.

A cutting-edge legal complaint in Europe over internet reputation could force Google to rethink how it handles individuals’ control over the search results for their names.

Spanish plastic surgeon Hugo Guidotti Russo wanted Google to liposuction from his results a 1991 news article about a patient angry about an allegedly botched breast surgery. The article from El País, about a breast surgery that led a female patient to accuse Russo of malpractice, has the translated headline, “The risk of wanting to be slim.” Russo was later cleared of wrongdoing in the surgery, but the article, which doesn’t mention his acquittal, shows up on Russo’s first page of results. Google, as is its policy, refused to scrub it.

The case is one of over 80 in Spain in which the country’s privacy regulator, the Agency for Data Protection, has ordered Google to intervene and delete links from search results because they are out of date or contain inaccurate information. The agency summed up the conflict with a public advisory on its website in January: “Google Trial. The right to forget meets the freedom of information.” The “right to be forgotten” is not one found in the American Bill of Rights, but it’s becoming a popular one in Europe in the digital age, even if it does sound like the most depressing right ever.

Read on at Forbes….

Hal Turner

* Apparently hearsay exceptions are still hard to grasp, even for justices on the Supreme Court. [CNN Justice]

* Threaten judges over a ban on guns and your own guns get banned. Hal Turner gets pistol-whipped by karma. [Bloomberg]

* Obama is giving states the “flexibility” to drop federal health care reform by 2014 — that is, if the Supreme Court doesn’t hear the issue before then. [New York Times]

* Would you still eat a chick’s taco if she told you she was only 88% real woman? Taco Bell employs the tranny surprise method in its latest post-lawsuit ad campaign. [WSJ Law Blog]

* Yeah, we know Obama told us to stop defending DOMA. Well, we’re not defending DOMA, we’re just not not enforcing it. [San Jose Mercury News]

* I bet students at SMU Law are psyched that they’re going into massive loan debt so that they can pay their classmates’ salaries. [National Law Journal]

* Protip: if you ever get prosecuted for knowingly hiring illegal immigrants, just blame it on your Latino HR director. ¡Sí se puede! [Washington Post]

If I were a Republican on the court, I wouldn’t think twice about this if I thought the law was unconstitutional. I don’t think they’re going to take some giant hit on it.

— Professor Lee Epstein of Northwestern, commenting to the New York Times on how a Republican-appointed Supreme Court justice might rule on a constitutional challenge to health care reform.

Health care is a hot topic these days, especially in the wake of yet another federal judge striking down Obamacare.

So let’s talk about health care, shall we?

double red triangle arrows Continue reading “Health Care Costs: Open Thread”

Well this should be fun. Florida federal judge Roger Vinson has struck down the heart of Obama’s health care reform plan, finding that the individual mandate part of the bill is unconstitutional and therefore the whole thing is unconstitutional.

As Ashby Jones points out on the WSJ Law Blog, that makes the score 2 – 2. Two federal judges have upheld the law; two others have struck it down.

You know what that means? It means that very soon America will be operating under the Anthony M. Kennedy health care system. Does Justice Kennedy think that I have a right to health care? Does he think that pre-existing conditions should be covered? Is he comfortable having an entire nation’s health care system held hostage by a few insurance giants?

Exciting questions! I can’t wait to see how a man who nobody elected will decide our medical futures….

double red triangle arrows Continue reading “Florida Judge Strikes Down Obamacare”

Gone baby gone.

It’s been pretty slow here at the Above the Law circumcision law desk. So slow, in fact, that Lat has considered putting me on another assignment: “There’s just not enough news surrounding the intersection of foreskin and the legal community. While I appreciate your enthusiasm for the amusing dong beat…I don’t know if the financials can possibly justify keeping you on.”

Every time he starts in on this speech, I have to break out a photo of 16 vaguely ethnic kids that I claim to take care of. This happens at least twice a week.

So you can imagine how excited I was to find this fascinating tale that might shock and amaze you. It’s the story of a full-time lawyer and part-time exhibitionist named….

double red triangle arrows Continue reading “Lawyer of the Day: The Foreskin Restorer”

Barack Obama: The doctor is... out?

Virginia 1, Obamacare 0. Ian Gershengorn must be pacing up a storm.

Judge Henry E. Hudson (E.D. Va.) just struck down a key provision of President Barack Obama’s signature health care reform law — namely, the requirement that most Americans obtain health insurance. Judge Hudson held that the insurance mandate exceeds Congress’s authority under the Commerce Clause. Links to coverage are collected below; Judge Hudson’s 42-page opinion is available here (PDF, via Dahlia Lithwick).

Congratulations to Virginia and to its crusading attorney general, Ken Cuccinelli (whom I had the pleasure of meeting at Federalist Society festivities a few weeks ago).

Of course, we’re still near the beginning of a long road of litigation — which will likely end at One First Street, two (or more) years from now.

Health Care Law Ruled Unconstitutional [New York Times]
Judge Strikes Down Part of Health Care Law [ABA Journal]
Virginia Federal Judge Shoots Down Part of Health Care Law [WSJ Law Blog]

This is an artichoke. Warning: don't eat the whole damn thing.

Remind me to tell you about the time I looked into the heart of an artichoke.

– Margo Channing (Bette Davis), All About Eve

Warning: consumption of artichokes can be hazardous to your health. Especially if you eat the entire thing, leaves and all.

This is a lesson that Arturo Carvajal, a doctor in Miami, learned the hard way. According to Dr. Carvajal, in May 2009 he ate at a Houston’s restaurant in Miami Beach, where he ordered the grilled artichoke special. Having never eaten an artichoke before, he ate the whole thing — including the tough, practically inedible outer portion of the leaves.

After doing so, Dr. Carvajal experienced… tummy trouble. One “exploratory laparotomy” later, he learned that he had artichoke leaves stuck inside his bowel. Oy.

Now, Dr. Caravajal is suing….

double red triangle arrows Continue reading “Lawsuit of the Day: Doctor Sues Restaurant for Not Educating Him About Artichokes”

Obamacare

* A federal judge allows state challenges to Obamacare go forward. Whatever, wake me up in 15 years when we have to have the single-payer debate again. [Wall Street Journal]

* The purpose of teaching lawyers how to act isn’t to help them become better liars. [End Scene, Exit Right]. [Underdog]

* “It’s okay in Italy” is not a viable defense to sexual harassment. [Courthouse News Service via @kashhill]

* British billionaire Alki David will pay Obama streaker’s rent for a year, and his sister’s hospital bills, but not the full $1 million. [ABC News]

* CVS is getting smacked so hard, you’d think it was a supporting character on Breaking Bad. [CNN Money]

* A bunch of big name law professors, including several members of the Volokh Conspiracy, signed a letter endorsing the legalization of pot in California. [WSJ Law Blog]

* Musical chairs: congrats to Lat’s former Wachtell colleague, Scott Black, who has left the SEC and joined Hudson Bay Capital Management as general counsel and chief compliance officer. [Dow Jones]

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