Legal Writing

Dunsmuir: Can the Standard of Review be Solved
On Friday, March 7, 2008, the Supreme Court released Dunsmuir v. New Brunswick (2008 SCC 9), a stark reversal of the last decade of administrative law jurisprudence on the issue of the standard of review...

ERISA, Trust Law, and the Appropriate Standard of Review
Joshua Foster (J.D. Candidate, June 2008, St. John's University School of Law) has recently published his Note entitled ERISA, Trust Law, and the Appropriate Standard of Review: A De Novo Review of Why the Elimination of Discretionary Clauses Would be...

How Many Times Can You Split the Standard of Review
One of the most significant challenges currently facing the SCC is to provide clarification on the approach the courts should take in their review of administrative decisions. While the pragmatic and functional approach developed to determine the proper standard of review has provided more flexibility to courts to review administrative decisions on an individual [...

A Double Standard . . . of Review
An appropriate follow-up to last week’s post that discussed the pitfalls of the standard of review is United States v. Vega, case no. 07-50245 (9th Cir. Sept. 24, 2008). It illustrates a double standard that one wouldn’t ordinarily expect...

Pietruszkiewicz: Economic Substance and the Standard of Review
Christopher M. Pietruszkiewicz (LSU) has posted Economic Substance and the Standard of Review on SSRN. Here is the abstract: Traditionally, appellate review hinged on the distinction between law and fact with appellate courts reviewing legal conclusions under a de novo...

John Brown on the manifest-error standard of review
Appellate lawyers will appreciate this discourse on the manifest-error standard of review: [A]s so often, the briefs on the part of the respondent?appellants cannot resist the natural temptation to reargue the facts from a point of view favorable to (each...

FDA Issues Update on Safety Review Orlistat
Orlistat FDA Issues Update on Safety Review

Aurora Loan Faces Class Action over Mortgage Review Services
Aurora Loan Faces Class Action over Mortgage Review Services

FDA Review of Prostate Cancer Treatment Prompts Warning of Risk for Diabetes
Prostate Cancer Treatment FDA Review Prompts Warning of Risk for Diabetes

Xigris
Study Prompts FDA Safety Review

Lipitor
Review of Studies Show No Significant Benefit in Women

Wrinkle-Fillers
FDA to Review Labeling due to Adverse Event Reports