Health Care / Medicine

  • Jeena Cho

    Health Care / Medicine

    Happy Law Day! Can We Bring Civility Into Law?

    How do you recognize when you’re crossing the civility line or engaging in jerk-like behavior?

    50 Comments / / May 1, 2015 at 3:00 PM
  • Jeena Cho

    Health Care / Medicine

    Why Every Lawyer Should Be Practicing Mindfulness (Part II)

    Unless you’ve been living under a rock, you know that practicing mindfulness is good for you.

    17 Comments / / Apr 27, 2015 at 2:19 PM
  • Jeena Cho

    Health Care / Medicine

    Why Every Lawyer Should Be Practicing Mindfulness (Part I)

    Unless you’ve been living under a rock, you know that practicing mindfulness is good for you.

    34 Comments / / Apr 20, 2015 at 11:06 AM
  • unhappy young woman lawyer tax taxes bills

    Federal Government, Health Care / Medicine, Money, Tax Law

    The Secret Taxes On The Young: Health Insurance And Student Loan Interest

    On this Tax Day, columnist Shannon Achimalbe looks at two payments that are not called taxes but feel like and have the effect of a tax.

    71 Comments / / Apr 15, 2015 at 12:05 PM
  • Calling all Chicagoans.

    Non-Sequiturs

    Non-Sequiturs: 04.06.15

    * The law prof who sent anal-bead porn to her students is making headlines beyond the legal media. [Inside Higher Ed; Total Frat Move]

    * You’ve been served — via Facebook. How do you “Like” them apples? [New York Daily News]

    * Making a federal — or at least state — case out of teaching yoga to schoolchildren. [ATL Redline]

    * Bad idea: taking someone’s identity and accepting money on their behalf. (Or: the dangers of launching a startup without legal advice.) [Associate’s Mind]

    * Also a bad idea (if the allegations are true, that is): a men-only golf retreat at a large law firm. [ABA Journal]

    * “Sperm Donor Scandal Lawsuit: How One Man with Schizophrenia Allegedly Fathered 36 Children.” [People]

    * Getting revenge on a revenge-porn magnate: an 18-year sentence for Kevin Christopher Bollaert. [Los Angeles Times]

    * How can healthcare startups protect their intellectual property? [MedCity News]

    * Debt-saddled law students love free stuff — so how about free membership in the ABA? [American Bar Association]

    * In addition to our April 23 reception, I’ll also be doing an event on April 25 for Supreme Ambitions (affiliate link), to which you are all most cordially invited. [Seminary Co-Op Bookstore; Facebook]

    19 Comments / / Apr 6, 2015 at 5:06 PM
  • iStock_000016076940_Large

    Non-Sequiturs

    Non-Sequiturs: 03.31.15

    * The Supreme Court decided that government-issued GPS trackers violate 4th Amendment. My GPS device is my phone — can we get on protecting that? [Gizmodo]

    * More on the subtle differences between the Indiana RFRA and the post-Hobby Lobby landscape. Specifically, the Indiana Act’s provision on private suits, which are the subject of a circuit split at the federal level. [Washington Post]

    * Professor Jonathan Lipson reviews what ATL’s Converge conference had to say about the future of law. [The Temple 10-Q]

    * The Supreme Court doesn’t want to hear from ever lawyer under the sun on the marriage equality cases. The parties just announced their picks to make the argument. [Lyldennews]

    * Another day, another law student busted for sex with a minor. Maybe crim law needs to move up that age of consent lecture to day 1. [The Columbus Dispatch]

    * Up and coming Supreme Court challenges to Obamacare for everyone still raging against the dying of the light. [Washington Post / The Volokh Conspiracy]

    * Congratulations to Steven J. Harper, who is finally headed home from the hospital after a lengthy stay under apparently Kafka-esque conditions. [The Lawyer Bubble]

    8 Comments / / Mar 31, 2015 at 5:02 PM
  • Mitt Romney LF

    Non-Sequiturs

    Non-Sequiturs: 03.17.15

    * Mitt Romney is going to fight Evander Holyfield. Man, Romney has been beaten by a black guy like that since 2012. Oooh, also, Floyd Mayweather just found his next opponent. [CNN]

    * Alabama Supreme Court Chief Justice Roy Moore’s son was arrested and charged with drug possession yesterday and then blamed the media… somehow. I blame the moral vacuum created when they took down the Ten Commandments. [Al.com]

    * The long-awaited Justice Scalia play is out. It’s like Tony and Tina’s Wedding with more gun control and abortion. [WTOP]

    * Professor Baude has a cute theory how the Obama administration could ignore a negative verdict in King v. Burwell. [New York Times]

    * Not everyone thinks Professor Baude’s hypothetical is a serious option. [Concurring Opinions]

    * Israel has blocked polling in advance of the election to prevent bandwagon voting. Professor Somin evaluates the efficacy of the plan. It probably won’t affect the outcome, but if you thought Republicans threw a hissy-fit over the polls in 2008 and 2012, wait until a candidate they really care about loses. [The Volokh Conspiracy / Washington Post]

    * A nice little maxim (get it?) for the trial lawyer looking to hone their craft. Of course, if you show them a glint of broken glass in the first act, it better be the murder weapon in the second act. [What About Clients?]

    * Speaking of second acts, this profile of former Skadden partner Harriet Posner discusses life after Biglaw. [A Lawyer’s Life]

    17 Comments / / Mar 17, 2015 at 5:01 PM
  • Non-Sequiturs

    Non-Sequiturs: 03.12.15

    * When the judge starts quoting Monty Python, it means he hates you. [Lowering the Bar]

    * When a tax official died at the office, it took his co-workers two days to notice. To paraphrase Roger Sterling, “he died as he lived: surrounded by people who didn’t pay attention to him.” [TaxProf Blog]

    * What makes a client want to hire a particular lawyer? Is it Throwback Thursday pics of the lawyers as kids? No? These lawyers think it is. [Legal Cheek]

    * The “stop hitting yourself theory of statutory interpretation” is my new favorite canon. [Lawyers, Guns & Money]

    * Radio Shack is going under, which is the perfect time to ask: what if it was a HYDRA front all along? [The Legal Geeks]

    * If America wants to incarcerate fewer people, it needs to take a hard look at what it plans to do with violent offenders, because they’re a bigger part of the prison system than most realize. [PrawfsBlawg]

    * Today would be Jack Kerouac’s 93rd birthday. In case you wanted to imagine a life unchained from your desk, you should read some of his stuff. [What About Clients?]

    10 Comments / / Mar 12, 2015 at 5:07 PM
  • Gavel-stethoscope

    Health Care / Medicine, Technology

    When HIPAA Applies to Patient Assistance Programs (and When It Doesn’t)

    Patient Assistance Programs (PAPs) have proliferated in recent years, despite the fact that many commonly-prescribed medications have lost patent protection and the Affordable Care Act (ACA) has attempted to eliminate pre-existing condition discrimination by insurance companies.

    / Mar 11, 2015 at 12:15 PM
  • typos

    Non-Sequiturs

    Non-Sequiturs: 03.09.15

    * Pretty significant typo… [Legal Cheek]

    * King v. Burwell plaintiffs’ attorney Michael Carvin of Jones Day has some interesting things to say about Obamacare. Like being sure to characterize the law as the product “by living white women and minorities,” which in some circles constitutes throwing shade. Racist circles. [Talking Points Memo]

    * South Carolina makes its potential magistrate judges take the same Wonderlic test given to potential NFL draft picks. The justice system is even based on football down there. I assume occasionally they’ll let a defendant think they’ll get off and then give him the chair and the jury yells, “CLEMSON!” [Lowering the Bar]

    * We take a break from our regularly scheduled NS segment, “Louisiana Seems Crazy,” to bring you a great idea out of Louisiana. Effective May 1, lawyers can earn their CLE hours by doing pro bono work. Brilliant. More substantive legal work to fill a huge need and less garbled streaming video. [New Orleans City Business]

    * OK now back to regularly scheduled programming: arrest warrant issued for New Orleans lawyer accused of intentionally triggering a mistrial by refusing to participate in jury selection. I think Perry Mason did that once. It was one of the more obscure episodes. [Nola]

    * Leave it to the people who wield the awesome punitive power of the state to be the first to give themselves a get out of jail free card. [USA Today]

    * Richard Hsu scores an interview with Jon Lindsey of legal recruiting firm Major, Lindsey & Africa. Apparently, the busy founding partner Lindsey really knows how to juggle things. Literally. [Hsu Untied]

    * History buffs out there may recall that Emperor Augustus instituted a bunch of moral reforms during his reign that really only succeeded in revealing that his daughter was a total whore. But what if the Emperor’s prude rules actually helped solidify his broader goals? [Law & Humanities Blog]

    10 Comments / / Mar 9, 2015 at 5:03 PM
  • Woo, Biglaw, bro!

    Morning Docket

    Morning Docket: 03.05.15

    * According to the latest data from NALP, summer associate hiring is up for the fifth year in a row. Hooray! But wait, don’t go licking each other’s popsicles just yet — some law firms (35 percent of them, in fact) actually reduced the number of offers they made. [National Law Journal]

    * In response to outcry over bar exam reforms, this Dechert partner took time out of his day to wonder: “Is it too much to expect that future lawyers know the difference between a tort and a tenancy in common, or do we expect clients to pay them $400 an hour to learn it?” [Wall Street Journal]

    * Now that oral arguments in King v. Burwell have concluded, it’s probably time you found out what’s at stake for you if you haven’t done so already, procrastinators. This is what will happen if SCOTUS strikes down Obamacare subsidies. [WSJ Law Blog]

    * Edward Snowden is reportedly ready to return to the United States, provided, of course, that he’ll receive a “legal and impartial trial.” Attorney General Eric Holder has already promised Snowden that he won’t face the death penalty, so that’s a start. [CNN]

    * An ADA in Texas apparently referred to defense counsel as a “motherf*cker” in front of jurors during a trial. We think now would be a great time to add this to the list of things that will get you kicked off a case. [Austin American-Statesmen via ABA Journal]

    43 Comments / / Mar 5, 2015 at 9:03 AM
  • iStock-Unfinished-Business-5

    Non-Sequiturs

    Non-Sequiturs: 03.04.15

    * A Tampa law firm replaced its regular desks to make happier and healthier lawyers. I’d never heard of a tread desk, but I want one. [Bay News 9]

    * Prosecutors eviscerated after court finds out that they straight falsified the transcript of a confession. That’s bold. [Observer]

    * How can schools keep top faculty? Giving them less to do of course! [TaxProf Blog]

    * Eliminating a**hole from your vocabulary. That sounds like a terrible idea. [Katz Justice]

    * A handy tool displays bar passage rates by law school. [Bar Exam Stats]

    * Berkeley’s Federalist Society chapter is talking about proper policing by inviting a cop who was suspended for striking protesters and ordering a false arrest during an AIDS demonstration. Seems like he’s a good choice. [Berkeley Law]

    * If you were wondering how the King plaintiffs would answer for how their reading runs contrary to hundreds of pages of text, the answer is… they couldn’t really. Not that the oral argument really matters to how anyone’s going to vote. [Constitutional Accountability Center]

    * Conservative Courts just get no respect. [Politico]

    17 Comments / / Mar 4, 2015 at 5:01 PM
  • A happy Hamline Law grad?

    Morning Docket

    Morning Docket: 03.02.15

    * Unfortunately, it seems that if you want to get an elite legal education in this country, you’re going to have to pay an arm and a leg for it. This year’s NLJ Top 10 Go-To Law Schools each have a sticker price that’s greater than $50K. [National Law Journal]

    * Hamline University’s president thinks it was smarter for her law school to merge with William Mitchell Law than for it to close altogether — hey, it’ll still bear the Hamline name and its dying carcass won’t be on her books anymore! [Star Tribune]

    * Later this week, SCOTUS will hear oral arguments in King v. Burwell, a case that could decimate the Affordable Care Act as we know it. At this point, the justices must be contemplating how many people will lose if the plaintiffs here win. [Wall Street Journal]

    * An ADA from the Brooklyn DA’s office who prosecuted drug cases was canned after his colleagues learned that he failed to report his personal connection to an admitted cocaine dealer. Perhaps they were jealous he refused to share his hookup. [New York Daily News]

    * In case you missed it, Above the Law, your favorite legal website, has been “rankle[d]” by a new series on CNNMoney called “Above the Law.” We know you’re as ticked off about this as we are, so we hope you’ll help us write our cease-and-desist letter. [Am Law Daily]

    37 Comments / / Mar 2, 2015 at 9:03 AM
  • Loretta Lynch

    Morning Docket

    Morning Docket: 02.26.15

    * Congratulations to Loretta Lynch, who cleared a divided Senate Judiciary yesterday. And now secret Kenyan Muslim Barack Obama is one step closer to whatever conservatives think he’s planning in their fever dreams. [National Law Journal]

    * Police made an arrest in the bizarre hatchet attack upon a lawyer in Massachusetts. The motive, according to authorities, stemmed from the lawyer representing one of the suspect’s family members in probate court. [The Patriot Ledger]

    * It may not be $2.6 billion in revenue like some firms, but congratulations to Paul Hastings for crossing the $1 billion revenue threshold. [The Am Law Daily]

    * South Korea legalizes adultery. If you didn’t think South Koreans were waiting for the legal go ahead to start screwing around, the market doesn’t lie. [New York Times]

    * Nice rundown from Elizabeth Wydra of the Constitutional Accountability Center: 5 myths about King v. Burwell. [Washington Post]

    * Prosecutors lodge a number of additional charges against Supreme Court protestors because there’s a surprisingly high number of distinct federal crimes for “standing up and chanting in protest.” [Legal Times]

    9 Comments / / Feb 27, 2015 at 9:07 AM
  • 296-1271474977dfcN

    Non-Sequiturs

    Non-Sequiturs: 02.19.15

    * Utah court rules woman can sue herself. Technically there are three separate parties to the case, and she’s all three of them. Leave it to the Mormons to have the best practical description of the Catholic Trinity since St. Patrick and the clover. [Lowering the Bar]

    * An entertaining look at 50 ridiculous anomalies that arise in the ACA if the King v. Burwell plaintiffs succeed. Noscitur a sociis, people! [Miami Business Law Review]

    * The geniuses at Clickhole have a quiz: How many John Grisham novels have you read? [Clickhole]

    * The Obama administration has gotten some high-profile scrutiny for its zealous campaign to stamp out government leaks. Here’s the story of one of the lower-profile government workers under the thumb of the Espionage Act. [The Intercept]

    * A follow-up on his earlier piece on whether or not New York should adopt the Uniform Bar Exam focuses on what the UBE might mean for finding a job. [Bar Exam Stats]

    * Seven months after the fact, Professor Dan Markel’s death is still a mystery. [Tallahassee Democrat]

    * The National Association of Women Lawyers Mid-Year meeting will commence in Chicago on March 5. Check out details here. [NAWL]

    5 Comments / / Feb 19, 2015 at 4:58 PM
  • Gavel-stethoscope

    Federal Government, Health Care / Medicine

    FDA Extends Risk-Based Medical App Approach to Medical Device Data Systems in New Guidance

    When it comes to health IT products, FDA’s policy aims to keep unnecessary FDA regulation from impeding the progress of new technologies that offer important benefits in the delivery of health care services and in supporting individual health needs.

    / Feb 17, 2015 at 5:13 PM
  • saul

    Non-Sequiturs

    Non-Sequiturs: 02.10.15

    * 12 Things Every Lawyer Should Learn From Saul Goodman. [LinkedIn]

    * The 10th Circuit had so much trouble wading through a federal statute they had to diagram the sentence. As the opinion notes, “[t]hat bramble of prepositional phrases may excite the grammar teacher but it’s certainly kept the federal courts busy.” If you want to see the whole opinion, it’s here. [Lowering the Bar]

    * Meet your King v. Burwell plaintiffs! It’s actually kind of sad. Like the guy paying $655/month on health insurance who could be paying $62.49/month but won’t because Obama is a secret Muslim or something. [Jezebel]

    * A guide to cybersecurity for lawyers. If this interests you, come to our conference March 18, to see the author, Leeza Garber, participate in a panel on privacy. [Capsicum Group]

    * Speaking of cybersecurity, hackers hit Anthem Insurance pretty bad. At least the company is handling the data breach well. [LXBN]

    * New evidence reveals that the victims of lynchings in the South were much higher than previously assumed. Thankfully, racism is over according to the Supreme Court. [Gawker Justice]

    * After introducing you to J.Ko, the Harvard Law rapper, it seems his website is now password protected. Aw. Come back, J.Ko! This is what free publicity looks like. [Harvard Rapper]

    * Maybe there is a role for Millennials to play in ending unpaid internships. They won’t take it of course, but there’s a role out there to be played. [Law and More]

    * Geopolitics explained simply. Shearman’s Richard Hsu talks to Dr. Pippa Malmgren, author of Signals (affiliate link). [Hsu Untied]

    Meanwhile, that sentence diagramming opinion discussed earlier is available on the next page….

    https://www.scribd.com/doc/255322959/United-States-v-Rentz

    11 Comments / / Feb 10, 2015 at 5:05 PM
  • lawrence mitchell

    Non-Sequiturs

    Non-Sequiturs: 02.06.15

    * Records show that Case Western Law bought former dean Lawrence Mitchell’s house for $575,000. Was it still furnished with the Chinese silk sheets? [The Observer]

    * Judge Posner explains that ALJs are basically working a conveyor belt. To wit, here’s a visual representation of Social Security ALJs at work. [Valpo Law Blog]

    * Um, what’s the charge for “acting like you’re in Fast and Furious”? [Legal Juice]

    * Republicans making moves to stop net neutrality. Netflix needs to start showing more Bible documentaries to sap this movement’s political will. [Bloomberg Politics]

    * Professor Campos reviews a new paper on the future of higher education funding. [Lawyers, Guns & Money]

    * The law dean at the University of New Brunswick is accused of “sexism, harassment, and, in one case, threats of violence by two of his former law school colleagues.” That’s some very un-Canadian behavior. But Levitt used to be the dean at Florida A&M, and that does sound like some very Floridian behavior. [CBC]

    * How to make your shoes last longer. [Corporette]

    * Michael Cannon and Professor Jonathan Adler use some pretty compelling evidence in their amicus brief decrying King v. Burwell. Unfortunately, they kind of made up a quote. When the woman they quoted tries to clear the record, Cannon tells her he understands what she clearly said better than she did. In a sense this is a microcosm for the whole case. [Constitutional Accountability Center]

    26 Comments / / Feb 6, 2015 at 5:30 PM