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12 Aug 2013, 8:18 am by Ronald Collins and David Skover
By contrast, those briefs asking the Court to uphold BCRA offer various arguments based on the guiding principles of stare decisis, the desirability of judicial deference to the nation’s politically accountable branches, the need for recognition of legislative expertise, and the saliency of the government’s interest in battling corruption. [read post]
20 May 2013, 6:00 am by David Kris
  For example, if limited to legislative change, we may want to ignore some collection activity altogether, and leave it to internal executive branch regulation, as Congress did when it enacted FISA in 1978.[3]  Today, a good deal of foreign intelligence collection is regulated by the Fourth Amendment and Executive Order 12333 and its subordinate procedures, but not in any meaningful way by statute; bringing all of that activity under statutory control would be a radical step. [read post]
27 Feb 2013, 7:00 am by Benjamin Wittes
In writing my testimony for today’s House Judiciary Committee hearing on drones and targeted killing of U.S. citizens overseas, I found myself writing a more complete explication of the essential legal rationale underlying the administration’s position on the subject than I have, to date, set down in one place. [read post]
20 Aug 2012, 3:55 am by Jim Calloway
These include Increase Profit by Decreasing Costs by K. [read post]
28 Jun 2012, 11:30 am by Joe Kristan
  That means the Act remains in place unless the other two branches pass a repeal. [read post]
6 Jun 2012, 5:01 pm by Oliver
Alkyl, for example, is defined as C1-C12 straight or branched saturated chain radicals, amino as NH2, both being optionally substituted (paragraphs [0016], [0040] and [0055] of the patent in suit). [read post]
22 May 2012, 2:00 am by Kara OBrien
”  One area of considerable uncertainty in the definition of “financial entity” is what it means to be a “person predominantly engaged in activities that are in the business of banking, or in activities that are financial in nature, as defined in section 4(k) of the Bank Holding Company Act of 1956. [read post]
23 Apr 2012, 5:01 pm by Oliver
Therefore, the skilled person is unable to correlate one particular measuring method and/or measuring conditions with the Mw value of 280000 g/mol to be obtained for PS 158 K.[4.5] The further argument of the [patent proprietor], according to which polystyrene was a relatively simple molecule without significant branching of the polymer chain, so that the determination of its Mw was unproblematic, is not persuasive either. [read post]
22 Apr 2012, 5:01 pm by Oliver
This test case complements T 1553/06 (see the preceding post), in particular by considering whether the contents of e-mails are made publicly available by the fact that e-mails can be intercepted. [read post]
12 Apr 2012, 5:01 pm by Oliver
In the present case it was only contested that the group of surfactants of formula R-(O-CH2-CH2)k-OH, where k = 4 and R represents 8 carbon atoms, was disclosed in document D1.[5.2.1] The only relevant passage concerning the group of surfactants is found in column 3, lines 44 to 47. [read post]