Search for: "In Re Pers. Restraint of Thomas"
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25 Oct 2023, 9:01 pm
. and it’s quite clear that they’re not interpreting the law, they’re making the law. [read post]
13 Sep 2023, 6:00 am
Indeed, Jackson and Arnold launched an extended era (1937-1974) in which federal antitrust policy became increasingly stringent, inflexible, and unforgiving of business conduct. 1943-1974: Per Se Rules Become Rampant With support from FDR’s Supreme Court appointees, among others, per se rules came to dominate the substance of antitrust, rendering automatically illegal all vertical restraints, numerous patent-licensing practices, and even joint ventures. [read post]
10 Jul 2023, 11:15 am
Well, Judge Thomas said, “Well, I agree with the majority. [read post]
12 May 2023, 6:00 am
The principal thesis of Jeffery Toobin's excellent new book Homegrown: Timothy McVeigh and the Rise of Right-Wing Extremism is contained in the subtitle. [read post]
20 Sep 2022, 9:52 am
” Finding that the original public meaning of the First Amendment was chiefly “a prohibition on prior restraints and, second, a privilege of speaking in good faith on matters of public concern,” the court holds that HB 20 does not run afoul of the First Amendment. [read post]
26 Jun 2022, 3:25 am
Bruen, where, painful as it is to say, Justice Clarence Thomas’ rationale is entirely sound. [read post]
13 Oct 2021, 1:07 pm
As AI reported, the majority of the Janjaweed had five or six guns per person. [read post]
11 Dec 2020, 4:20 am
Eyeing the zip ties binding Thomas’s hands, Carl said “Remove the restraints, deputy. [read post]
29 Oct 2020, 9:02 pm
We are used to thinking that the unfairness of the Electoral College arises from its over-weighting of Republican-leaning states, which is caused by each state’s receiving two extra votes (mirroring the undemocratic tilt of the Senate), but it goes beyond that.Just as we learned to our surprise that the Senate can sit on a Supreme Court nomination for as long as the majority leader wishes, we have recently learned that Trump’s legal team has been putting together strategies that go far… [read post]
8 Oct 2020, 10:52 pm
I suspect Justices Alito and Thomas have New York in mind. [read post]
23 Mar 2020, 1:02 pm
Indeed, the leading trademark scholar Professor Thomas McCarthy agrees that, despite the dicta of footnote 7 in New Kids, there is no per se rule against the nominative fair use of others’ logos, making context key to the fair use defense: “For example, most people would agree that a business magazine or web site illustration could properly use the logos of companies whose economic performance is being discussed. [read post]
15 Jun 2019, 8:00 am
If most of the people I write about are extremists, then postwar movement conservatism -- and perhaps conservatism per se -- are extremist. [read post]
20 Feb 2019, 10:32 am
However, Justice Thomas’s dissent argued that the majority’s broad deference to legislative judgment was to “effectively to delete the words ‘for public use’ from the Takings Clause of the Fifth Amendment. [read post]
14 Aug 2018, 11:38 am
” The following year, the court (in a per curiam decision) again concluded there was no standing. [read post]
9 Jul 2018, 2:31 pm
An interesting case to look at is his analysis in In re Calabrese on whether third-party retail sales taxes in New Jersey are excise taxes or trust fund taxes under the state’s Bankruptcy Code. [read post]
18 Oct 2017, 4:30 am
Thomas Bailey wrote that it “proved a monument to illusion. [read post]
13 Feb 2017, 1:18 pm
“You’re basically saying we shouldn’t look at it,” he told Purcell. [read post]
10 Aug 2016, 8:40 am
This post examines a recent decision from the Court of Appeals of Washington: State v. [read post]
28 Dec 2015, 2:51 am
Civ. 1ère, No. 13-23566.March was all about the 'Blurred Lines' in copyright and a US Jury's decision to award $7.3 million to the Estate of Marvin Gaye on the basis that Pharrell Williams and Robin Thicke’s soul-inspired pop song "Blurred Lines" too closely mirrored Gaye’s 1977 single "Got to Give It Up". [read post]
12 Jun 2015, 9:29 am
Circuit sided with the Fifth, Seventh, Eighth, and Tenth Circuits in adopting the per-case approach. [read post]
