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12 Aug 2013, 4:56 am
Said the court, “The law imposes no requirement that a work comment on the original or its author in order to be considered transformative, and a secondary work may constitute a fair use even if it serves some purpose other than those (criticism, comment, news reporting, teaching, scholarship, and research) identified in the preamble to the statute. [read post]
7 Jan 2015, 9:10 am
Paul to get it to withdraw an earlier Term’s cert. petition, and meanwhile worked on promulgating those new regulations. [read post]
11 Feb 2021, 3:22 am
” Maritz argues that the added limitation constitutes a technological solution to a technological problem. [read post]
5 Oct 2015, 10:14 pm
” The Patereks could commence operations at the garage only if they first obtained a Special Approval Land Use permit (“SALU”) by successfully petitioning the Village of Armada Planning Commission. [read post]
1 Mar 2007, 6:19 am
One, noted by Peter Spiro, is the claim that eighteenth century history tells us something about the territorial scope of the Constitution with regard to aliens. [read post]
17 Mar 2023, 4:00 am
Even if Santos broke no laws, the deal serves as further evidence of an emerging narrative given by people in his political orbit, that Santos seemed to use his campaign not only to win elected office but also as a networking exercise to ingratiate himself with rich donors and enrich himself from those contacts. [read post]
28 Oct 2019, 1:12 pm
In an opinion filed September 6, and later ordered published on October 7, 2019, the First District Court of Appeal (Div. 4) affirmed the trial court’s judgment denying plaintiff groups’ writ petition challenging Sonoma County’s use permit and related mitigated negative declaration (MND) for a winery project in the County’s rural Knights Valley area. [read post]
7 Mar 2016, 9:01 pm
Therefore, Dantas contravened not only important clauses of the Constitution, but also the Court’s own case law and the other Branches’ official statutory and constitutional interpretations.To use a term coined by University of Chicago philosopher Brian Leiter, the Court thus acted as a superlegislaturei.e. it has not simply decided on the basis of legally binding standards. [read post]
10 Oct 2017, 10:22 am
Advocates on both sides of a clear circuit split have already filed petitions for writ of certiorari. [read post]
18 Feb 2023, 12:05 pm
” The petition also sought to declare “short-selling” a fraudulent practice. [read post]
21 Jun 2013, 8:29 am
Pursuant to the 5th Amendment of the US Constitution, you have a right to remain silent. [read post]
21 Mar 2017, 3:59 pm
Bandimere’s case was an inferior officer who should have been constitutionally appointed (rather than hired) to the position, in violation of the Appointments Clause of the United States Constitution. [read post]
27 Jun 2007, 12:36 pm
And thanks to everyone who joined us yesterday on a sweltering D.C. day, and to everyone who have already signed the petition and called their Congresspeople! [read post]
27 Dec 2021, 4:44 am
And so, the Board granted the petitions for cancellation. [read post]
24 May 2023, 11:02 am
That brings us to Harness v. [read post]
31 Jul 2017, 7:30 am
Not surprisingly, no court had ever considered the constitutional status of CMCR judges, so Nashiri could not meet the D.C. [read post]
24 Nov 2009, 8:54 am
The court did not use the term "de facto father," but that is essentially how it treated Copeland in allowing him to be a party. [read post]
5 Feb 2011, 11:24 am
This is the case in which a federal magistrate judge in the Eastern District of Wisconsin overturned the Wisconsin Supreme Court’s decision prohibiting the use of preliminary breath test evidence by an OWI defendant. [read post]
12 Sep 2018, 1:32 pm
Attorneys for Jimenez brought the current habeas petition in federal court after the Texas Court of Criminal Appeals denied her state habeas petition, refusing to adopt the recommendations of the judge who heard from the experts and recommended that the conviction be vacated. [read post]
27 Dec 2019, 10:04 am
This leaves us to ponder whether or not Texas’ version of Jessica’s Law is vulnerable to constitutional challenge in the future. [read post]
