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23 Nov 2021, 11:22 am by Emily Coward
The Batson test has provided limited protection against discrimination in jury selection, as Justice Thurgood Marshall famously predicted in his Batson concurrence. [read post]
12 Aug 2011, 1:42 pm by Kurt Lash, guest-blogging
” As Rakove writes, even with the addition of the Necessary and Proper Clause, “[t]here is no reason to think that the framers believed [that Clause] would covertly restore the broad discretionary conception of legislative power in the Virginia Plan. [read post]
9 Jul 2010, 6:12 am by @ErikJHeels
It Don't Mean A Thing If It Ain't Got That Swing On 06/28/10, the Supreme Court of the United States decided Bilski v. [read post]
25 Oct 2008, 12:18 am
Global Broadcast News Ltd & Ors (Spicy IP) Foraying into non-traditional identity: non-traditional trade mark registrations (International Law Office) India's first 'doctrine of equivalents' case: Ravi Kamal Bali v Kala Tech (Spicy IP) Response to the Mint article on alleged corruption in the Indian Patent Offices (Patent Circle) Transparency in the court: recording oral proceedings - the way forward? [read post]
10 Nov 2007, 10:07 pm
[www.oranous.com][www.oranous.com]No. 07-5439 IN THE Supreme Court of the United StatesRALPH BAZE, et al,Petitioners, v.JOHN D. [read post]
13 May 2022, 5:52 am by Ryan Goodman
In a final report, international experts at a meeting organized by the ICRC in June 2016 — including participants from several State and multilateral armed forces — “expressed disagreement with the position taken in the 2015 US Department of Defense Law of War Manual according to which harm to civilians who are in or on military objectives would not prohibit attacks on these objectives. [read post]
19 Sep 2016, 12:08 pm
“ * * * * *’`[T]here's no factual basis in the [affidavit] to believe that there was anything other than these two things. [read post]
27 Feb 2014, 6:00 am
  Over the last year, we have posted on decisions on case consolidation, summary judgment, punitive damages, limiting Dr. [read post]
22 Apr 2022, 5:49 am by Tom Dannenbaum
These tactics implicate international humanitarian law and international criminal law. [read post]
4 Feb 2014, 1:02 pm by Nicholas Gebelt
  See, e.g., In re Molded Acoustical Products, Inc., 18 F. 3d 217, 221 n. 4 (3rd Cir. 1994).) [read post]
19 Sep 2011, 9:36 am by Schachtman
  Before the advent of Daubert, this example was a tease to lawyers who were looking for some way to limit the flood of unreliable expert witness opinion testimony. [read post]
23 Dec 2015, 5:29 am by INFORRM
The proposed procedures don’t apply to applications made to access journalistic communications by the intelligence and security services. [read post]
2 Apr 2024, 12:56 pm by admin
Back in the days of “easy admissibility,” opinions could be tested on cross-examination, but limited time and acumen of counsel, court, and juries cry out for meaningful scientific due process along the lines set out in Rules 702 and 703. [read post]