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15 Feb 2013, 12:30 pm
It was not until after he was confirmed by the Senate that he issued his most important opinions of his first Term, defining obscenity standards in Roth v. [read post]
14 Feb 2013, 7:48 pm
V. [read post]
12 Feb 2013, 6:06 am
” KSR Int’l v. [read post]
11 Feb 2013, 9:02 pm
” KSR Int’l v. [read post]
11 Feb 2013, 2:22 pm
One of the glaring things revealed by a review of the briefs in Shelby County v. [read post]
9 Feb 2013, 8:25 am
Court disputes have not produced any definitive standards, but do point to the fact that accounts are often used for mixed purposes. [read post]
8 Feb 2013, 6:16 am
In Johnson, the defendant used a gas card given to him by his employer to purchase gasoline for personal use. [read post]
6 Feb 2013, 9:19 am
Chairman Patrick Leahy (D-Vt.) has long sought a standard where all communications and content must meet the warrant standard. [read post]
5 Feb 2013, 8:24 pm
By Thomas Kaufman On February 4, 2013 in Espenscheid v. [read post]
5 Feb 2013, 3:44 pm
There are two enormous problems with this reasoning: First, many of us who argue for at least some judicial review in this context specifically don’t argue for ex ante review for the precise reasons the white paper suggests. [read post]
4 Feb 2013, 7:18 am
When the Supreme Court re-calibrated the fair use analysis to focus on transformativeness in Campbell v. [read post]
1 Feb 2013, 6:07 am
In fact, I made a correction earlier today to last week's report on Judge Voss's order to stay a Samsung v. [read post]
31 Jan 2013, 3:07 am
Although she explained that "a court need not, and indeed may not, construe such terms to give them greater precision, absent a standard for imposing a more precise construction in the specification", she rejected the equivalence between lack of precision and lack of construability. [read post]
29 Jan 2013, 7:21 pm
At close of business on Tuesday, Judge Lucy Koh, the federal judge presiding over two Apple v. [read post]
28 Jan 2013, 2:57 am
Means: If you are suggesting that it would be difficult for courts to measure minority shareholder voice with any precision, I agree! [read post]
24 Jan 2013, 4:00 am
Standards of Appellate Review In recent years, the Supreme Court of Canada has refined its approach to appellate standards of review by virtue of two fundamental decisions: Housen v. [read post]
23 Jan 2013, 11:43 am
Troice, 12-88, all involving the preclusive effect of the Securities Litigation Uniform Standards Act on state-law claims against entities that performed investment-related work for Allen Stanford’s Ponzi scheme. [read post]
21 Jan 2013, 1:39 am
It used to be that years would pass between Supreme Court cases considering securities law issues. [read post]
18 Jan 2013, 2:06 pm
[Such liability], in the case of pioneer drugs, has an inevitable effect of penalizing precisely the research and innovation that [the law] sought to foster. [read post]
18 Jan 2013, 11:37 am
Sprigman: Came up in Apple v. [read post]
