Mich Ct App holds that absolute FDA approval defense in product l ...

[David M Wagner]

But here, Republican-leaning observers may be split:  tort reform buffs will
be dismayed, but nondelegation buffs will be delighted.

David M. Wagner
Regent University School of Law

  -----Original Message-----
  From: Discussion list for con law professors
[mailto:CONLAWPROF at listserv.ucla.edu]On Behalf Of David Bernstein
  Sent: Wednesday, February 20, 2002 4:48 PM
  To: CONLAWPROF at listserv.ucla.edu
  Subject: Re: Mich Ct App holds that absolute FDA approval defense in
product l ...


  There have been many bizarre rulings striking down various tort reform
laws on state constitutional grounds, most of which can be explained by the
fact that the laws were passed by Republican legislatures and considered by
Democratic justices.  I don't know if that's true in this particular case,
however,


  In a message dated 2/20/2002 4:08:18 PM Eastern Standard Time,
crossf at MAIL.UTEXAS.EDU writes:




    I noticed this case and thought it interesting.  I think it was under
the
    state constitution, with which I'm unfamiliar.  Still, the reasoning
seemed
    pretty bizarre.  When a legislature adopts a court ruling statutorily,
    would the court strike that down for unlawful delegation?



-------------- next part --------------
An HTML attachment was scrubbed...
URL: http://lists.ucla.edu/cgi-bin/mailman/private/conlawprof/attachments/20020220/eff0769f/attachment.htm