Judicial Opinions

  • Read more: CONFERENCE – CLASHING RIGHTS & REPRODUCTIVE AUTONOMY

    CONFERENCE – CLASHING RIGHTS & REPRODUCTIVE AUTONOMY

    Join us at Northeastern University School of Law at 1 p.m. on April 25, 2014 as leading academics and practitioners discuss the tensions between free speech and reproductive rights. For more information, see https://www.northeastern.edu/law/academics/institutes/health-law/events/clashing-rights/

  • Read more: The Future of “Country of Origin” Labeling Regulations

    The Future of “Country of Origin” Labeling Regulations

    By Ching-Fu Lin The U.S. Court of Appeals for the District Columbia Circuit recently ruled against the meat industry’s challenge to stop the United States Department of Agriculture’s (USDA) implementation of the amended Country of Origin Labeling (COOL) rules.  The current COOL regulations (amended in May 2013) require retailers to identify several types of information on…

  • Read more: NEJM Features Discussion of ACA Delays

    NEJM Features Discussion of ACA Delays

    By Jeremy Kreisberg The New England Journal of Medicine features two excellent articles discussing the legality of the Obama administration’s various delays of provisions of the ACA.  Unlike a great deal of the debate over this issue, these articles are nuanced and measured, and I highly recommend them. Nicholas Bagley, a Professor at the University…

  • Read more: Who’s the Boss? Why are our employers making our health insurance choices in the first place?

    Who’s the Boss? Why are our employers making our health insurance choices in the first place?

    This guest cross-post first appeared on Slate.com. By Margaux J. Hall  This week, the Supreme Court hears oral argument in two cases asking whether for-profit business corporations have religious liberty rights. Hobby Lobby, a group of craft stores with 13,000 employees, and Conestoga Wood, a small Mennonite furniture maker, want to be free of the…

  • Read more: TOMORROW: “The Right to Life and the Inter American Court of Human Rights”

    TOMORROW: “The Right to Life and the Inter American Court of Human Rights”

    By The Petrie-Flom Center “The Right to Life and the Inter-American Court of Human Rights” When: March 5, 2014, 12:00-1:00 p.m. Where: Wasserstein Hall 3007, Harvard Law School, 1585 Massachusetts Ave. Please join us for a brown bag talk with Professor Paola Bergallo, Faculty of Law, Universidad de San Andrés, Buenos Aires, and HRP Visiting Fellow. Bergallo…

  • Read more: Can you be taxed for selling your eggs?

    Can you be taxed for selling your eggs?

    By Dov Fox Those who deal in alternative ways of making families use euphemisms that obscure the market mechanisms at work when individuals ‘‘donate’’ their eggs or sperm, couples ‘‘contribute’’ their embryos, surrogates ‘‘offer’’ their wombs, and orphans are ‘‘matched’’ to adoptive parents. Make no mistake, family formation is big business. The question of first impression before…

  • Read more: Halbig and the Stability of the ACA

    Halbig and the Stability of the ACA

    By Jeremy Kreisberg I have previously blogged about an important case — Halbig v. Sebelius — before the U.S. District Court for the District of Columbia (DDC).  The case concerned whether the Affordable Care Act permits the IRS to issue tax credits to individuals purchasing insurance through federally facilitated exchanges.  In short, the challengers argued…

  • Read more: Art Caplan: Pregnant and dead in Texas: A bad law, badly interpreted

    Art Caplan: Pregnant and dead in Texas: A bad law, badly interpreted

    By Arthur Caplan Art Caplan has published a new op-ed piece in the LA Times addressing the case of Marlise Munoz, the brain-dead, pregnant Texas woman from whom doctors are refusing to withdraw “life-sustaining treatment” despite her family’s wishes. The hospital where Munoz argues that it cannot withdraw such treatment because of a Texas law…

  • Read more: A new framework for considering the contraceptives mandate cases?

    A new framework for considering the contraceptives mandate cases?

    By Holly Fernandez Lynch Just a quick pointer to an interesting new article out by Kara Loewentheil at Yale, When Free Exercise Is a Burden: Protecting ‘Third Parties’ in Religious Accommodation Law.   Here’s her abstract (posted a few weeks ago before cert was granted): As of November 2013, over 60 lawsuits have been filed under…