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6 Jan 2015, 11:52 am by Joshua Thompson and Ralph Kasarda
If there was any doubt as to the meaning of “refuse” and “affect,” the Court erased it when it decided Smith v. [read post]
8 Mar 2011, 10:52 am
  There, Judge Ferguson joined Judge Reinhardt to hold (briefly) that X was unconstitutional (but defendant entitled to qualified immunity), Judge Smith concurred (arguing that X wasn't unconstitutional), the opinion issued, Judge Ferguson died, a replacement was drawn, the replacement (Judge Tallman) agreed with Judge Smith, and Judge Smith (over the objection of Judge Reinhardt) vacated the prior opinion wrote a new one (joined by Judge Tallman)… [read post]
24 May 2011, 7:34 am by Conor McEvily
At The Conglomerate, Gordon Smith responds to the Chief Justice’s recent criticism of legal scholarship. [read post]
9 Jun 2011, 12:18 pm
Where Congress uses a common-law term in statute, then the Court must assume that the term "comes with a common law meaning" (Safeco Ins Co of America v Burr )(2007)). [read post]
23 Dec 2016, 8:11 am by Nelson Tebbe
Smith and school prayer, for starters. [read post]
2 Mar 2015, 2:43 pm
Never too late 32 [week ending Sunday 8 February] –- Brazilian PTO’s delays | The Research Handbook on International Intellectual Property reviewed | Laura Smith-Hewitt | IP, women and leadership: the poll responses | Decline of West’s trust in innovation | Wikipedia public domain photos |CJEU in Case C-383/12 P Environmental Manufacturing LLP v OHIM | The Nordic IP Forum | The future of EPO’s BoA | Warner-Lambert v Actavis Mark 2 | Dragons'… [read post]
12 May 2010, 8:09 pm by Gideon
While we may not be there yet, the day is not far off when some court will force SCOTUS to revisit their terrible rulings in Smith v. [read post]
16 Dec 2017, 3:15 am by Barry Sookman
Computer and Internet Updates for 2017-12-14 https://t.co/G8rb1Hhvdx 2017-12-15 Decision by Supreme Court on proprietary estoppel which has been applied to IP, Cowper‑Smith v. [read post]
14 Oct 2011, 4:02 pm by admin
” This will hardly be enough to quell industry concern, and only time will tell the ultimate victor in the highly polarized environmental battle. [read post]