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21 Mar 2019, 7:48 am by David Markus
This time it's a civil case and it's Judge Newsom for the majority, in which ED CARNES, Chief Judge, TJOFLAT, MARCUS, WILSON, WILLIAM PRYOR, JORDAN, BRANCH, and GRANT, Circuit Judges, joined.Judge Rosenbaum filed an opinion concurring in part and dissenting in part, in which MARTIN and JILL PRYOR, Circuit Judges, joined.Newsom frames the issue:Faced with a defendant’s motion for summary judgment, a plaintiff asserting an intentional-discrimination claim under Title… [read post]
3 Jan 2019, 9:01 pm by Jim Sedor
The majority of speakers before legislative panels are paid lobbyists. [read post]
2 Jan 2019, 11:38 pm by Florian Mueller
Marcus Grosch--enforced a standard-essential patent (SEP) injunction by the Mannheim Regional Court against Apple on Motorola's behalf in early 2012, and after a day or two the appeals court stayed enforcement. [read post]
31 Dec 2018, 3:56 am by Peter Mahler
Marcus v Antell, 2018 NY Slip Op 32527(U) [Sup Ct NY County Oct. 5, 2018]. [read post]
14 Dec 2018, 3:08 am by Roel van Woudenberg
This revised draft of the Rules of Procedure of the Boards of Appeal (RPBA) was agreed upon by Boards of Appeal Committee (BOAC) and the President of the Boards of Appeal, and formed the basis for the conference.The revised draft shows major changes to case management issues as well as to Article 12 "Basis of appeal proceedings" and Article 13 "Amendment to a party's appeal case" of the RPBA, which may change the rules of the game (jn appeal and in first instance as… [read post]
10 Dec 2018, 7:00 am by Dan Ernst
   The Institute for Constitutional History is pleased to announce another seminar for advanced graduate students and junior faculty: Antislavery Constitutionalism:Sooner or later every major political dispute becomes a dispute over the Constitution. [read post]
10 Dec 2018, 5:22 am by Peter Margulies
” Because asylum seekers often flee arrest, torture, or even death and cannot spare the time to select their mode of border-crossing, the new DHS rule’s categorical use of undesignated-entry-point arrival to deny asylum claims would risk barring the vast majority of claims. [read post]
7 Dec 2018, 2:00 am by Christopher Tyner
Allegations of ballot fraud in North Carolina’s 9th Congressional District are major national news this week. [read post]
23 Nov 2018, 2:14 pm by Chuck Cosson
. ~ Marcus Aurelius The last post in this series observed optimal policy thinking aims at allowing people sufficient control over technologies they may use them to apply their own capacities and, in that process, find meaning. [read post]
6 Nov 2018, 9:30 pm by Dan Ernst
   The Institute for Constitutional History is pleased to announce another seminar for advanced graduate students and junior faculty: Antislavery Constitutionalism:Sooner or later every major political dispute becomes a dispute over the Constitution. [read post]
5 Nov 2018, 1:25 pm by Ilya Somin
Similarly, voter ignorance played a major role in ensuring that American voters faced such terrible options in the 2016 general election.... [read post]
29 Oct 2018, 12:13 am by Steve Lubet
Marcus has given me permission to post the entire piece here. [read post]
28 Oct 2018, 4:14 pm by David E. Bernstein
The majority of the cemetery desecrations occurred in the first months of the year, at the same time as the bomb threats were called in to Jewish institutions, which contributed to a sense that the Jewish American community was under siege. [read post]
22 Oct 2018, 3:17 am by Peter Mahler
The LLC agreement (read here) contains fairly typical provisions in Article Five vesting management authority in the members collectively, listing certain major decisions requiring unanimous member consent, and requiring members to perform their duties “with due care. [read post]
3 Oct 2018, 9:01 pm by Neil H. Buchanan
The Washington Post’s deputy editorial page editor, Ruth Marcus, is no conservative, yet she recently wrote this: To be clear: A Supreme Court nominee should be judged on his legal acumen and judicial temperament, as displayed in the conduct of his adult life and the content of his professional career. [read post]
3 Oct 2018, 11:22 am by Florian Mueller
Marcus Grosch that the rather strong presumption of validity that issued patents normally enjoy in German infringement proceedings does not apply to patent claims that the patent holder feels forced to modify substantively in response to prior art presented by a defendant. [read post]
19 Sep 2018, 6:13 am by Florian Mueller
Marcus Grosch, said yesterday, it turned out that Apple originally didn't even deny infringement but focused on invalidity. [read post]