FDA proposes to ramp up regulation of tanning beds

by Brian Wolfman Yesterday, the Food and Drug Administration issued this proposed order regarding tanning beds. The FDA is proposing to reclassify these ultra violet devices to require more warnings — including that minors not use them at all — because they are a cancer hazard. The proposal would also require the products to meet […]

“Broken Circuit: Obstructionism in the Environment’s Most Important Court”

That's the name of this article by Si Lazarus and Doug Kendall of the Constitutional Accountability Center. "Broken circuit" is Lazarus and Kendall's characterization of the U.S. Court of Appeals for the D.C. Circuit. They point to "[a] new breed of activism on the .. the D.C. Circuit — for environmental cases second in importance […]

Ben-Shahar Reviews Boilerplate

Omri Ben-Shahar of Chicago has written Regulation Through Boilerplate: An Apologia, forthcoming in the Michigan Law Review. Here's the abstract:   This essay reviews Margaret Jane Radin’s Boilerplate: The Fine Print, Vanishing Rights, And The Rule Of Law (Princeton Press, 2013). It responds to two of the book’s principal complaints against boilerplate consumer contracts: that […]

The legacy of the Supreme Court’s Concepcion decision

Read this post by Paul Bland, which contains a example of how the Supreme Court's decision in AT&T v. Concepcion is keeping consumers out of court and without any remedy. Here's Paul's synopsis: In Betts v. McKenzie Check Cashing, after a two-day evidentiary hearing that was essentially a trial of the payday lender’s arbitration clause, […]

The FDA is looking into caffeine regulation because it’s not just coffee and coke anymore

by Brian Wolfman As you may have read, the FDA is beginning to look into possible regulation of caffeine when used as an additive to foods and drinks, including foods and drinks marketed to kids. How about some caffeine with your marshmellows or nuts? Yes, indeed, these foods sometimes have caffeine thrown in. Read this interview […]

Surprise–A study finds the Supreme Court is friendly to business.

Sunday's New York Times has a nice article discussing a recent study prepared by Lee Epstein, who teaches law and political science at the University of Southern California; William M. Landes, an economist at the University of Chicago; and Judge Richard A. Posner, of the federal appeals court in Chicago, who teaches law at the University […]

Pat McCoy on Barriers to Foreclosure Prevention

Patricia A. McCoy of Connecticut has written Barriers to Foreclosure Prevention During the Financial Crisis, forthcoming in 55 Arizona Law Review. Here's the abstract: The number of modifications to distressed residential loans has been subpar to date compared to the number of foreclosures. This raises concerns about the presence of artificial barriers to loan modifications […]