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13 Aug 2014, 4:34 pm by Jane Chong
Eisentrager, 339 U.S. 763, 786-87 (1950); In re Yamashita, 327 U.S. 1, 14 (1946); Quirin, 317 U.S. at 43. [read post]
12 Aug 2014, 9:22 pm by H. Scott Leviant
  The Court noted that, while predominance “requires a determination that group, rather than individual, issues predominate,” that does not “preclude the consideration of individual issues at trial when those issues legitimately touch upon relevant aspects of the case being litigated. [read post]
6 Aug 2014, 4:49 am by Rebecca Tushnet
Aug. 1, 2014)Willowood was sued for trademark infringement and related causes of action by a former licensor, and sought insurance coverage. [read post]
2 Aug 2014, 11:22 am by Giles Peaker
The Supreme Court entertained the idea of an Art 6 and Art 1 Protocol 1 breach. [read post]
31 Jul 2014, 4:39 am by Rebecca Tushnet
  The court treated this as a §43(a)(1)(B) false advertising claim. [read post]
29 Jul 2014, 4:21 pm by Jodie Liu
Leahy’s 97-page bill is decidedly tougher in its requirements on NSA than was the 43-page bill the House of Representatives passed back in May, the perceived laxness of which had drawn vociferous objections from civil libertarians. [read post]
25 Jul 2014, 12:19 pm
Three quick reactions to Amar’s lecture: 1) I don’t think that the law schools Justices attended tell us very much about them. [read post]
21 Jul 2014, 6:01 am
 This means that the safe harbor provisions of the Ecommerce Directive prevail over the Enforcement Directive, yet within the boundaries set by the Ecommerce Directive itself, in particular at Recitals 42, 43, 45, 46, 47, and 48. [read post]
21 Jul 2014, 5:45 am by Barry Sookman
If Netflix now wants to argue that it does not owe anything for its free trials, the appropriate forum in which to do so is not the Board. [read post]
16 Jul 2014, 8:26 am by Rebecca Tushnet
  (This is applying §43(a)(1)(B) puffery analysis to a §43(a)(1)(A), but given that this should be a §43(a)(1)(B) claim, I’m not too saddened.) [read post]
14 Jul 2014, 4:45 pm by Wells Bennett
  (The full court says it assumes, but does not decide, that the federal Ex Post Facto clause applies to Guantanamo detainees.) [read post]
8 Jul 2014, 2:59 pm
With 43 years of criminal law experience Attorney Lewin was able to anticipate virtually every question that the Assistant DA would ask. [read post]
7 Jul 2014, 10:56 am by emagraken
The contour is depressed by approximately 1 millimeter compared to the surrounding skin. [read post]