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20 Jul 2017, 11:00 am by Jane Chong
But as Black makes clear, hasty action on this front is more fundamentally a failure of principle. [read post]
19 Jan 2021, 10:43 am by Gerard Magliocca
Before the violence at the Capitol, Section 3 of the 14th Amendment was one of the most obscure parts of the Constitution. [read post]
11 Aug 2021, 11:48 am by Rebecca Tushnet
As for 1834 Act, it did say an unrecorded assignment was fraudulent and void—and these were read into the contracts by the courts ex post. [read post]
26 Mar 2021, 7:06 am by Miquel Montañá (Clifford Chance)
In other words, the skilled person must justify his arguments on prior art; otherwise, he would be making an ex post facto judgment and not analyzing what was known before the application (or priority) date. [read post]
27 Jun 2014, 12:31 pm
Warrants are issued in ex parte proceedings—the intended subject of the warrant is not present, for obvious reasons, only the law enforcement officer seeking the warrant is—and so are usually granted even when the officer’s showing of probable cause is quite thin. [read post]
5 Feb 2007, 11:17 am
In addition, providing an ex post instrumental justification for a moral norm is not the same as providing an ex ante account of how and why the norm came into existence. [read post]
12 Feb 2011, 2:24 pm by Kenneth Anderson
It is striking, I believe, that part of the impetus in the legal discussion arises from a concern for non-state actors, and another part arises from a concern for soldiers. [read post]
3 May 2017, 5:36 am by Michael Lowe
If this kind of communication happens (called “ex parte communication”) then the result may be a new trial for the defendant if the defense can show the ex parte communication has resulted in prejudice to the defendant. [read post]
31 Dec 2012, 3:29 pm by Robert B. Milligan
By Robert Milligan and Joshua Salinas As part of our annual tradition, here is our list of the top 10 developments/headlines in trade secret, computer fraud, and non-compete law for 2012. [read post]
31 Dec 2012, 3:29 pm by Robert B. Milligan
By Robert Milligan and Joshua Salinas As part of our annual tradition, here is our list of the top 10 developments/headlines in trade secret, computer fraud, and non-compete law for 2012. [read post]
24 Apr 2023, 7:51 pm by Scott McKeown
More importantly, it is far from clear how the agency can claim rule making authority in this area. [read post]
12 May 2009, 11:10 pm
She sent the judge her notes ex parte to support her contention. [read post]
26 Feb 2011, 10:49 pm by The Legal Blog
" The Bench also quoted Chief Justice Taft in Ex parte Philip Grossman, (1924) 267 US 87), wherein the learned Chief Justice opined: "Executive clemency exists to afford relief from undue harshness or evident mistake in the operation or the enforcement of the criminal law. [read post]
The first part of my interview dealt mostly with the legal industry and the second part dealt mostly with being a China lawyer. [read post]
24 Oct 2019, 10:40 am by Jason Rantanen
We expect that, by the end of 2020, MPEP §§ 714.14, 802.01, 819, 1207.04, the 2015 rewrite of MPEP § 601.05(a), and Ex parte Quayle, among others, will be reviewed. [read post]
30 Nov 2010, 10:25 am by WSLL
Burke files an opinion concurring in part and dissenting in part, in which J. [read post]