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Trump v. Anderson, 601 U. S. ____ (2024): Text of Slip Opinion
4 Mar 2024, 12:47 pm
One is also reminded that the federal constitution (and the normative political system it operationalizes) provides sometimes large spaces of plausible interpretation and a range of privileging principles among which one can choose and remain true to the text and the spirit of the Constitutional document. [read post]
Law at the End of the Day - https://lcbackerblog.blogspot.com/
[Eugene Volokh] Justices Thomas and Alito on Bias Response Teams
4 Mar 2024, 7:45 am by Eugene Volokh
Fenves, 979 F. 3d 319, 338 (CA5 2020); and Speech First, Inc. v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
Eligibility and Physical Products
1 Mar 2024, 11:01 am by Dennis Crouch
Retail Decisions, Inc., 654 F.3d 1366 (Fed. [read post]
Patently-O - https://patentlyo.com
Surely You Must be Kidding, PTO?!? “No, and Don’t Call Me Shirley!” – The Seemingly Slapstick (But Yet Unfunny) World of Recent Patent Term Extension Decisions (PART 1)
27 Feb 2024, 7:08 pm by Kurt R. Karst
Ezra Ventures LLC, 909 F.3d 1367 (Fed. [read post]
FDA Law Blog - https://www.thefdalawblog.com/
Making a Proper Determination of Obviousness
27 Feb 2024, 10:02 am by Dennis Crouch
Firepass Corp., 941 F.3d 1374 (Fed. [read post]
Patently-O - https://patentlyo.com
Burden of Proof Buffers Patent Owner Misconduct in Patent Revival Case
26 Feb 2024, 12:25 pm by Dennis Crouch
Freshub, Inc. v. [read post]
Patently-O - https://patentlyo.com
Jeffrey P. Gale, P.A. // Liability (or not) for Open & Obvious Dangerous Conditions
23 Feb 2024, 1:46 pm by Jeffrey P. Gale, P.A.
Festival Food Mkt., Inc., 117 So.3d 885, 888 (Fla. 4th DCA 2013). [read post]
Florida Injury Attorney Blawg - http://www.floridainjuryattorneyblawg.com/
[Eugene Volokh] Fourth Circuit on One-Sided Pseudonymity in Sexual Assault Cases
21 Feb 2024, 7:46 am by Eugene Volokh
Having one party incognito but not the other can tilt the scales of justice in the direction of guilt by anonymous accusation, a prospect which would be just as abhorrent to civil litigation as it is to our criminal justice system. [read post]
The Volokh Conspiracy - http://www.volokh.com/
Does a Magistrate Have the Discretion to Refuse to Issue Criminal Process When Probable Cause Exists?
19 Feb 2024, 3:00 am by Jeff Welty
Magistrates are an integral part of our criminal justice system. [read post]
North Carolina Criminal Law Blog - http://nccriminallaw.sog.unc.edu/
Incorporation by Reference Rules at the Federal Circuit
16 Feb 2024, 9:20 am by Dennis Crouch
DataTern, Inc., 755 F.3d 899 (Fed. [read post]
Patently-O - https://patentlyo.com
Commentary: Notable court decisions of 2023
16 Feb 2024, 4:27 am by Allan Blutstein
Raimondo (another case I’m working on) and with the Fifth Circuit likely to hear an Appointments Clause challenge to the whole council system in Arnesen v. [read post]
FOIA Advisor - http://www.foiaadvisor.com
[Guest post] Can AI be considered a PHOSITA? Policy debates in the US and the EU
16 Feb 2024, 2:16 am by Eleonora Rosati
US, 850 F. 3D 1343). [read post]
IPKat - http://ipkitten.blogspot.com/
Business Tort Claims Dismissed as Untimely in Dispute Between Wildlife Removal Companies
15 Feb 2024, 4:00 pm by Lee E. Berlik
Panalpina, Inc., 108 F.3d 529, 543 (4th Cir. 1997)). [read post]
The Virginia Business Litigation Blog - http://www.virginiabusinesslitigationlawyer.com/
OpenAI and copyright: Court dismisses almost all claims against OpenAI in authors’ suit
13 Feb 2024, 7:14 am by Evan Brown
Napster, Inc., 239 F.3d 1004, 1013 n.2 (9th Cir. 2001) aff’d,  284 F.3d 1091 (2002) the court noted that “[s]econdary liability for copyright infringement does not exist in the absence of direct infringement by a third party. [read post]
Internet Cases - http://blog.internetcases.com
Jeffrey P. Gale, P.A. // Avoiding Workers’ Compensation Immunity by Estoppel — Not So Fast!
12 Feb 2024, 12:24 pm by Jeffrey P. Gale, P.A.
” Coastal Masonry, Inc. v. [read post]
Florida Injury Attorney Blawg - http://www.floridainjuryattorneyblawg.com/
COMPETENT, SUBSTANTIAL EVIDENCE CARRIES DAY IN BENCH TRIAL
11 Feb 2024, 6:50 am by David Adelstein
National Lining Systems, Inc., 2024 WL 357984 (Fla. 3d DCA 2024) (internal quotation and citation omitted). [read post]
Florida Construction Legal Updates - https://www.floridaconstructionlegalupdates.com/
Myth: The Rear Driver is Always at Fault in a Texas Rear-End Crash
8 Feb 2024, 2:25 pm by Michael Grossman
Deboer, Inc. [read post]
Grossman Law Blog - https://www.injuryrelief.com/blog/
A User’s Guide to Trump v. Anderson, Part Seven: Trump’s Two Remaining “Off-Ramp” Arguments: (i) That Colorado has Implemented a De Facto Extraconstitutional Presidential Qualification, in Violation of Term Limits v. Thornton; and (ii) That Colorado has Abused its Article II Authority to Appoint Presidential Electors in a “Manner” of that Colorado Law Doesn’t Authorize
7 Feb 2024, 2:35 pm by Marty Lederman
Bowen, 750 F.3d 1061 (9th Cir. 2014). [read post]
Balkinization - http://balkin.blogspot.com/
A User’s Guide to Trump v. Anderson, Part Seven: Trump’s Two Remaining “Off-Ramp” Arguments: (i) That Colorado has Implemented a De Facto Extraconstitutional Presidential Qualification, in Violation of Term Limits v. Thornton; and (ii) That Colorado has Abused its Article II Authority to Appoint Presidential Electors in a “Manner” of Appointment that Colorado Law Doesn’t Authorize
7 Feb 2024, 2:02 pm by Marty Lederman
Bowen, 750 F.3d 1061 (9th Cir. 2014). [read post]
Balkinization - http://balkin.blogspot.com/
Blog Post: California: WCAB Practices Are Evolving: Are Their Templates Evolving as Well?
5 Feb 2024, 9:08 am by Robin E. Kobayashi
By Hon. [read post]
Legal Insights Blog - https://www.lexisnexis.com/community/insights/legal/