What is POFP?

Why do lawyers refer to long documents as briefs and
18-year olds as infants? Why do they use so much Latin when so few of their
clients are Ancient Romans? Is it a conspiracy?

Party of the First Part has the answers! Check out the Website for the
Legalese Hall of Shame; a glossary of legal words linked to Adam Freedman's
columns; tips on writing legal documents in plain English; and more!

Sunday, August 12, 2007

"Tragic Wordplay" in the DC Circuit

Until a few days ago, terminally ill patients had a constitutional right to access potentially life saving drugs - even if those drugs had not yet been approved by the FDA.

On Tuesday (August 7), in the case of Abigail Alliance v. Eschenbach, the US Court of Appeals for the DC Circuit held that no such right exists, reversing last year's decision in the Abigail case by - the DC Circuit. In other words, the court reversed itself. Ooops.

The issue is clearly one of life and death, but in the courts it came down to a battle of semantics.

Read the rest on Huffington Post!


Litassistant said...

Having read the entire decision, I would have to agree with the majority. I think they got it right this time. While I don't have a terminal condition, I do have a lifelong, chronic condition that will progressively get worse and I've been waiting years for a medication to be approved that will help treat my condition. There are none as of yet, and it may be another 2-3 years before the one currently undergoing study is approved by the FDA for use.

Adam Freedman said...

Lit assistant, thanks for the comment.

Can you elaborate on why you think the majority got it right? My point was partly linguistic (hence the connection with this blog): that I think the majority in the second case defined the "right" at issue too narrowly. But I also recognize that there's a policy issue here too - do we want to strictly enforce the FDA's role as the gatekeeper for all medications? Interested in your thoughts.

Whatever the answer, I hope the FDA hurries up and approves whatever medications will improve your condition (which I'm sorry to hear about). All best.

Anonymous said...

cheap wedding gowns,
discount bridal gowns,
China wedding dresses,
discount designer wedding dresses,
China wedding online store,
plus size wedding dresses,
cheap informal wedding dresses,
junior bridesmaid dresses,
cheap bridesmaid dresses,
maternity bridesmaid dresses,
discount flower girl gowns,
cheap prom dresses,
party dresses,
evening dresses,
mother of the bride dresses,
special occasion dresses,
cheap quinceanera dresses,
hot red wedding dresses

Anonymous said...

replica Watches
replica Watches
replica Watches
fake Watches
knockoff Watches
replica Rolex Watches
replica Breitling Watches
replica Cartier Watches
replica Omega Watches
replica Tag Heuer Watches
replica Bell & Ross Watches
replica Panerai Watches
replica IWC Watches
replica Patek Philippe Watches
replica Chopard Watches
replica Gucci Watches
replica Corum Watches
replica Montblanc Watches
replica Jacob & Co Watches
replica A.Dunhill Watches
replica A.Lange & Sohne Watches
replica Alain Silberstein Watches
replica Audemars Piguet Watches
replica B.R.M Watches
replica Baume & Mercier Watches
replica Blancpain Watches
replica BMW Watches
replica Breguet Watches
replica Burberry Watches
replica Bvlgari Watches
replica Chronoswiss Watches
replica Concord Watches
replica D&G Watches
replica De Witt Watches
replica Dior Watches

Anonymous said...

is one of the labels that never become outdated. Designing by ed hardy sale one of the best tattoo artists that ever lived, these clothes will clearly deposit the suffering of time- trend sensible. cheap ed hardy Being able to buy clothes that are considered to be forever in tailor is indeed challenging. ed hardy online shop The key to this feat is actually unadorned. ed hardy swimwear You must forever reminisce that in shape, ed hardy hats it is very important that the designs are well-thought of, ed hardy sunglasses and reflects all types of personalities. ed hardy belts If a consumer relates to the mode, then you can be assured that the individual will always feel at diminish with what he is tiresome. ed hardy mens This is the debate why you should actually christian audigier think about what clothes fit your own form before selling them.