IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Senior Judge Richard P. Matsch

In the United States District Court for the Eastern District of Texas Tyler Division Bartex

FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION BARTEX RESEARCH, LLC § § v. § CIVIL ACTION NO. 6:07-CV-385 § FEDEX CORP., § et al. § ORDER ADOPTING CLAIM CONSTRUCTION OPINION OF MAGISTRATE JUDGE The above entitled and numbered civil action was referred to United States Magistrate Judge John D. Love pursuant to 28 U.S.C. § 636. The Memorandum Opinion and Order of the Magistrate Judge (the “Opin...

Jon O. Newman and the abortion decisions: a remarkable first year.

Jon O. Newman took the oath as a United States District Judge for the District of Connecticut on January 17, 1972. By any reckoning, he had an enormously productive and influential first year. Twice confronted as a member of statutory three-judge courts with cases challenging the constitutionality of Connecticut’s anti-abortion statute, he produced two memorable opinions.1 The first was an inno...

Is tobacco a drug? Administrative agencies as common law courts.

Professor Cass Sunstein argues that the FDA has the authority to regulate tobacco products. He considers the text of the Federal Food, Drug, and Cosmetic Act, which supports the FDA assertion, and the context of its enactment, which argues against the FDA. He resolves the tension between text and context in favor of FDA jurisdiction by turning to the emerging role of administrative agencies. ...

The FDA may not regulate tobacco products as "drugs" or as "medical devices".

Professor Richard Merrill contends that the Federal Food, Drug, and Cosmetic Act does not grant the FDA regulatory authority over cigarettes and smokeless tobacco products. The fact that Congress did not expressly deny the FDA regulatory authority over tobacco cannot, Professor Merrill argues, be used to infer such authority. This inference is particularly inappropriate in the case of tobacco...

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA UNITED STATES OF AMERICA, Petitioner,