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Legal Theory Lexicon: The Bad Man Thought Experiment
9 Jun 2024, 6:00 am by Lawrence Solum
 An example of this use of the bad man thought experiment is provided in Justice Souter's opinion in Exxon Shipping Co. v. [read post]
Legal Theory Blog - https://lsolum.typepad.com/legaltheory/
The presumption of parental involvement ten years on
8 Jun 2024, 8:33 am by familoo
‘Now is the time to reassess presumption of parental involvement’, writes Lea Levine in the April issue of the journal[1]. [read post]
Pink Tape - http://pinktape.co.uk
[Neil Siegel] The Collective-Action Constitution in an Era of Polarization and Animosity: An Elegy?
7 Jun 2024, 7:30 am by Neil Siegel
In McCulloch v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
Not Extortion, Not Fraud and Not Judiciary Law 487
7 Jun 2024, 6:44 am by Andrew Lavoott Bluestone
” “Here, plaintiff fails to plead facts stating a claim for both “fraud on the court” and under Judiciary Law§ 487. [read post]
New York Attorney Malpractice Blog - http://blog.bluestonelawfirm.com/
Fool’s errand with fallacies in administrative essentiality checking
7 Jun 2024, 6:12 am by Keith Mallinson
As stated by the judges’ decisions in Unwired Planet v Huawei and TCL v Ericsson, respectively: “Based on my assessment of both experts, I am sure the disagreement represents cases in which reasonable people can differ. [read post]
IP Finance - http://www.ip.finance/?m=1
Justices confirm insurer’s rights to be heard about asbestos bankruptcy plan
7 Jun 2024, 5:29 am by Ronald Mann
” Repeating the charges made in the insurer’s brief, she stated that “neither the Debtors nor the Claimants have an incentive to limit the postconfirmation cost of defending or paying claims. [read post]
SCOTUSblog - http://www.scotusblog.com/
UPC: Another preliminary injunction for 10x Genomics
7 Jun 2024, 4:20 am by Jonathan Santman (Brinkhof)
No final award of costs is deemed necessary because main proceedings are still to follow, but the court does order an interim award of costs ex R. 211 RoP. [read post]
Kluwer Patent Blog - http://patentblog.kluweriplaw.com/
Texas Supreme Court Determines That Off-Lease Fuel is Deductible from Royalties Valued at the Well
6 Jun 2024, 1:58 pm by Sam Allen, James T. Kittrell and Jana Grauberger
This decision was brought to the Court as a certified question from the United States Court of Appeals for the Fifth Circuit in Carl v. [read post]
The Energy Law Blog - http://www.theenergylawblog.com/
Intervention
6 Jun 2024, 10:40 am by Dylan Gibbs
And he wrote an excellent concurrence (page 25) explaining why:COPYRIGHTPaywall schmaywallBlacklock's Reporter v. [read post]
Hearsay - https://hearsaydaily.ca
[Neil Siegel] A Collective-Action Theory of the Constitution's Federal Structure
6 Jun 2024, 7:30 am by Neil Siegel
Under this approach, Gibbons v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
Open Source AI: The Overlooked National Security Imperative
6 Jun 2024, 5:45 am by Keegan McBride
CHIPS Act limit China’s current access to state-of-the-art chips. [read post]
Just Security - https://www.justsecurity.org/
Announcement of opinions for Thursday, June 6 (complete)
5 Jun 2024, 9:00 pm by SCOTUSblog
In Truck Insurance Exchange v. [read post]
SCOTUSblog - http://www.scotusblog.com/
DC dispatch: at Senate hearing, witnesses and senators spar over post-Dobbs state abortion bans
5 Jun 2024, 9:40 am by Sharon Basch | U. Pittsburgh School of Law, US
All included – it cost Madysyn $2850 to get the abortion care she sought. [read post]
JURIST - Paper Chase - https://www.jurist.org/news/
Government Plausibly Pleads Corporate Successorship in CERCLA Lawsuit, New Jersey District Court Holds
5 Jun 2024, 9:00 am
United States v. [read post]
MGKF Litigation Blog - http://www.mgkflitigationblog.com/
Valuation Date of Family Farm Corporation’s Shares for Buyout in Lieu of Dissolution Affirmed
5 Jun 2024, 8:59 am by Center for Agricultural Law and Taxation at Iowa State University
’” Guge v. [read post]
ISU CALT Articles - https://www.calt.iastate.edu/articles-blogposts
[Neil Siegel] Constitutional Interpretation in The Collective-Action Constitution
5 Jun 2024, 7:30 am by Neil Siegel
Chief Justice John Marshall used this approach in McCulloch v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
“Reasonable endeavours” requirement in force majeure clause does not require accepting offer of non-contractual performance absent clear wording (UK)
5 Jun 2024, 6:36 am by Patrick Bracher (ZA)
[RTI Limited v MUR Shipping BV [2024 UKSC 18]https://www.supremecourt.uk/cases/docs/uksc-2022-0172-judgment.pdf [read post]
Financial Institutions Legal Snapshot - http://www.financialinstitutionslegalsnapshot.com/
Life expectancy does not factor into the reduction of general damages
4 Jun 2024, 11:49 pm by Donald Dinnie
MEC for the Department of Health Free State Province v G.A.K obo M.A.K (2795/2015) [2024] ZAFSHC 142 (25 April 2024) (saflii.org) [read post]
Financial Institutions Legal Snapshot - http://www.financialinstitutionslegalsnapshot.com/
LGBTIQA+ Equality Ahead of EU Elections: How Many Steps Forward?
4 Jun 2024, 10:30 pm by Alessandro Marcia
Indeed, the Commission stated that the key objective of the Equality Package is to reduce times, costs, and burdens of recognition proceedings for both families and national judicial systems. [read post]
European Law Blog - https://europeanlawblog.eu/
[Ilya Somin] Essay on "How Constitutional Litigation Can Help End Exclusionary Zoning
4 Jun 2024, 11:59 am by Ilya Somin
State-by-state reform efforts cannot curb exclusionary zoning nationwide, at one fell swoop. [read post]
The Volokh Conspiracy - http://www.volokh.com/