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24 Jun 2013, 11:56 am by Guest Blogger
” Beyond the individual clauses and their interpretation—but way, way short of some ethereal Dworkinian principle—there’s the constitutional structure and its logic (or “genius,” as John Marshall used to say). [read post]
24 Jun 2013, 4:20 am by Susan Brenner
It also noted that in “assessing the reasonableness of a delay in seeking a warrant, . . . we must take account of `the totality of the circumstances’ in each case as it comes to us, . . .wary of the temptation to impose `rigid rules, bright-line tests, and mechanistic inquiries. [read post]
18 Jun 2013, 12:00 pm
  Which is troubling.Especially since there's a clear, bright-line alternative. [read post]
17 Jun 2013, 2:05 pm by Kevin Russell
This morning the Court issued its decision in Maracich v. [read post]
5 Jun 2013, 2:43 pm
In a neat segue from rubber to plastic, the IPKat wonders how many readers have yet encountered  Taylor v Taylor Made Plastics, a curious decision of the US District Court in Tampa, Florida, which marries -- if that be the appropriate word --  the doctrines of IP and family law. [read post]
24 May 2013, 8:12 am by Wells Bennett
These are findings of fact reviewed by us for clear error. [read post]
23 May 2013, 3:25 pm
However, in April 2013, the United States Supreme Court ruled on this issue in Missouri v. [read post]
10 May 2013, 10:55 am by Bexis
  That’s how we felt when we read the recent opinion in Boudreaux v. [read post]