Thursday, December 16, 2010

Federal District Court Declares Minimum Healthcare Coverage Provision of PPACA Unconstitutional

Earlier this week, Judge Henry E. Hudson of United States District Court for the Eastern District of Virginia issued an opinion in Virginia v. Sebelius, E. D. Va. No. 3:10CV00188-HEH declaring that the minimum health coverage requirement of Section 1501 of the Patient Protection and Affordable Care Act is unconstitutional. The opinion holds that i) the mandatory minimum coverage provision exceeds Congress's power under the Commerce Clause, ii) the provision imposes a penalty rather than a tax and is not a valid exercise of Congress's taxation power under the General Welfare Clause, and iii) the provision is severable from the rest of the Act. To view a pdf of Judge Hudson's memorandum opinion, click on the title to this blog entry.

Friday, December 10, 2010

Safe Cyber-Shopping

Just in time for the holidays, the American Bar Association Business Law Section has put together an informational website,, with advice on how to shop, order and pay safely and securely via the Internet. The website has tips on password selection, checking sellers' reputations, protecting banking and credit information, protecting against other forms of identity theft, avoiding cookies, spyware and viruses, and minimizing frustration and hassle when the seller fails to deliver or delivers disappointing merchandise.

I wish you all a safe and happy holiday season!

Wednesday, December 8, 2010

BC Law inaugural participant in Law Review Preservation Program

Boston College Law School is one of two inaugural law schools participating in the new Law Review Preservation Program, the first comprehensive long-term archiving solution for law reviews published online. The online version of issues of the Boston College Law Review will be archived in secure online servers unavailable to the public. In the event that the BCLR is no longer available from any university or publisher, the archived versions will be released under a Creative Commons license, ensuring that the scholarship contained in the Law Review remain accessible to the public. The Program is a collaboration between the Legal Information Preservation Alliance and Berkeley Electronic Press.

Thursday, December 2, 2010

BAR/BRI for Sale--Outsourcing Law Jobs

Much is being made of the fact that Thomson Reuters (owner of Westlaw) is looking to sell off BAR/BRI at just about the same time it acquired the Indian legal process outsourcing company Pangea3. Above the Law provides both the letter to current BAR/BRI customers and the ABA Journal article announcing the acquisition of Pangea3. The buying and selling of bar review companies is nothing new. West has been in and out of the bar review business a number of times, and BAR/BRI has changed hands more than once. I got a couple of free books as part of a class action settlement in preparation for one of the BAR/BRI changes of corporate ownership. The part I found most interesting was the fact that Pangea3 is hiring attorneys and new graduates in the U.S. as well as in India. It may not be your dream job, but it’s probably good experience.