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11 Oct 2019, 6:30 am by Guest Blogger
In doing so, it offers novel contributions to the increasingly vibrant scholarly literature on the Second Amendment. [read post]
8 Oct 2019, 7:34 am by Robert Black
It is difficult to predict how the Court will come out in this case, largely because the issue it presents is so novel. [read post]
7 Oct 2019, 12:58 pm by Gordon Ahl
Event Announcements (More details on the Events Calendar) Tuesday, October 8, 2019, 10:30 a.m.: The Heritage Foundation will host an event on the future of transatlantic security featuring a keynote address from the Foreign Minister of Estonia, Mr. [read post]
7 Oct 2019, 12:57 pm by Daniel Yannuzzi
” Judge Dyk, who was joined by Judge Richard Taranto in the majority, noted that while the patentee may have discovered patentable refinements relating to the claimed process, specifics of such novel refinements are not disclosed in the patents, much less included in the claims themselves, and “unclaimed features cannot function to remove claims 1 and 22 from the realm of ineligible subject matter. [read post]
4 Oct 2019, 4:38 pm by Unknown
Building on these foundations, Rationing the Constitution makes two novel claims: First, judicial capacity limits have especially significant bite—and real predictive power—in many of the most important constitutional domains, spanning federalism, separation of powers, and individual rights. [read post]
4 Oct 2019, 1:20 pm by Andrew Keane Woods
None of this would matter nearly so much if it weren’t for the second big aspect of the ruling: its global reach. [read post]
4 Oct 2019, 4:00 am by Josh Blackman
The brief described this issue of whether the President is subject to the Foreign Emoluments Clause as a "novel question," not one—as Plaintiffs insist—that is settled by longstanding Executive Branch precedent. [read post]
3 Oct 2019, 7:51 am by IPWatchdog
The specific question Athena is presenting is: "Whether a new and specific method of diagnosing a medical condition is patent-eligible subject matter, where the method detects a molecule never previously linked to the condition using novel man-made molecules and a series of specific chemical steps never previously performed. [read post]
3 Oct 2019, 5:32 am by Joy Waltemath
The workers also pursued the corporate fast-food giant under ostensible-agency and negligence theories, but the district court properly rejected these claims as a matter of law. [read post]
3 Oct 2019, 4:43 am by SHG
In the meantime, the overwhelming majority of New York’s trial judges considering the matter have disagreed with Collins‘ views on the FST, and the opinion is essentially a dead letter. [read post]
2 Oct 2019, 6:49 pm by Dennis Crouch
  In its Supreme Court petition, Athena now presents the question as follows: The question presented is: Whether a new and specific method of diagnosing a medical condition is patent-eligible subject matter, where the method detects a molecule never previously linked to the condition using novel man-made molecules and a series of specific chemical steps never previously performed. [read post]
1 Oct 2019, 3:46 pm by Abbott & Kindermann
”  Justice Kagan argued that “[s]tate courts are—or at any rate, are supposed to be—the ‘ultimate expositors of state law,’” and “the corollary is that federal courts should refrain whenever possible from deciding novel or difficult state-law questions. [read post]
1 Oct 2019, 3:46 pm by Glen C. Hansen
”  Justice Kagan argued that “[s]tate courts are—or at any rate, are supposed to be—the ‘ultimate expositors of state law,’” and “the corollary is that federal courts should refrain whenever possible from deciding novel or difficult state-law questions. [read post]
30 Sep 2019, 12:54 pm by Mikhaila Fogel, William Ford
We are routinely presented with exciting and novel legal issues at the intersection of technology and law. [read post]
The second may have begun paving the way for future legal challenges to clarify these issues by raising a novel argument—implied license—alongside the more typical defense of fair use. [read post]
25 Sep 2019, 7:00 am by Ellen Podgor
The bottom line is that these are regulatory matters, and the Supreme Court in Cleveland clearly precluded the use of a fraud statute to criminalize regulatory activity. [read post]
That means that anything that is a matter of policy—no matter how much one might disagree with the policy or how abhorrent one might find it—should not be included. [read post]
23 Sep 2019, 9:30 am by Jacob Schulz, William Ford
We are routinely presented with exciting and novel legal issues at the intersection of technology and law. [read post]
22 Sep 2019, 3:55 pm by Kevin LaCroix
” The implications of this suggestion, Grundfest says, “reach far beyond the four corners of Federal Forum Provisions and articulate a novel principle that would constrain all of the past and future Delaware corporate law. [read post]