That’s hot!

The expression just makes my skin crawl, but for some reason, she’s always in the news and gracing the pages of celebrity gossip rags and blogs.

Preemption, the theory that a person’s failure-to-warn claims conflict with Food and Drug Administration regulations and are therefore prohibited, is becoming just as ubiquitous as the aforementioned celebutante.

What’s really interesting is how much these seemingly stark opposites have in common.

1. Both pretty much came out of nowhere. One became a household name after a reality television show and a “leaked” sex tape. The other was the brainchild of an attorney who represented a company that made an antidepressant (Pfizer), then became an FDA lawyer and filed a brief supporting that company, then left the FDA and continues to represent that company's interests. 
2. For some strange reason, they became grossly popular. Well, I still cant’ explain the one’s popularity and why some kids look to her as a role model considering she hasn’t really worked for anything. As for preemption, obviously defense attorneys love it, even though if the idea is adopted by the U.S. Supreme Court, they’ll be looking for new clients (paradoxical, huh?)
3. Now they’re everywhere. You can’t turn on E! news or flip through the pages of a magazine without seeing her somewhere for her “fashion sense” or her razor-sharp wit. As for preemption, since the start of 2008, federal judges have seemed to taken a shine to the argument and only one state court judge has rejected the notion. Even Judge William Wilson of the Eastern District of Arkansas, the Prempro multidistrict litigation judge who has said that he is “as confident as a Christian with four aces” that preemption is inapplicable has said that he will reconsider his opinion after the Third Circuit’s ruling in Colacicco v. Apotex (2008 U.S. App. LEXIS 7463 [3rd Cir. April 8, 2008]).
4. They won’t seem to go away.  As sad as it seems for some, neither of these two seem to be escaping the public eye anytime soon, and at least one is going to be heard in the Supreme Court in October and no, Paris Hilton will not be starring in Legally Blonde 3, at least that I know of.

Well, I could probably make a top ten list (or at least a top five) but wanted first to find out if my ramblings make any sense. What to you think?