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3 Sep 2015, 7:05 am by Laura Stefani
While Congress has afforded the FAA some flexibility in the issuance of 333 Exemptions and COAs, it has not done so with regard to airman certification standards. [read post]
31 Aug 2015, 10:50 am
Thus, the courts could be given the power to say precisely what constitutes a “restraint of trade” . . . because that “lawmaking” was ancillary to their exercise of judicial powers. [read post]
27 Aug 2015, 9:01 pm by Vikram David Amar
The case isn’t intriguing because the issue of striking jurors because of their race is new; the case is intriguing precisely because three decades since the Supreme Court made clear that prosecutors (and the rule has since been extended to all lawyers in all cases) cannot use race as the basis for even a single peremptory challenge (in Batson v. [read post]
25 Aug 2015, 12:45 pm by Ruth Levush
Supreme Court Justice Harlan’s concurring opinion in Katz v. [read post]
25 Aug 2015, 3:00 am by Jeff Welty
(The officer used a court order based on a lower standard, as purportedly authorized by the relevant federal statute, 18 U.S.C. [read post]
24 Aug 2015, 6:07 am
Thus, unlike in Bose, the decision before us does not involve the ultimate determination of whether the speech was libelous and therefore unprotected. [read post]
20 Aug 2015, 11:17 am
The Court also applied the non-delegation doctrine to judicial adjudication in Standard Oil v. [read post]
19 Aug 2015, 2:43 pm by Florian Mueller
The second one is about whether an unapportioned disgorgement of infringer's profits relating to an entire multifunctional product is the right way or--as Samsung and many others in the industry believe--the wrong way to apply the law.Either one of these points is very similar in nature to the questions of patent law the Supreme Court has accepted to look into on several occasions in recent years and on which it has usually, when it accepted to take a look, overruled the Federal Circuit, with… [read post]
19 Aug 2015, 3:22 am
That left the question: "How precise is the result of a survey using 201 test subjects? [read post]