Search for: "Harder v. State"
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4 Oct 2022, 6:20 pm
Quite the reverse--it ought to be tightened up so that its flabby current constitution might be harder to apply to cases like this one. [read post]
4 Oct 2022, 2:19 pm
Under the Supreme Court’s 1986 decision in Thornburg v. [read post]
4 Oct 2022, 1:22 pm
The US Supreme Court Tuesday heard oral arguments in Merrill v. [read post]
3 Oct 2022, 9:01 pm
Wade and Planned Parenthood v. [read post]
30 Sep 2022, 5:28 pm
[UPDATE: I used this in part to illustrate the difficulty that courts and defendants might have in tracking potential vexatious litigants, given that counting an adversary's past unsuccessful lawsuits may be much harder if they were all pseudonymous.] [read post]
30 Sep 2022, 11:40 am
This decision comes just four months after the Supreme Court of United States ruling in Dobbs v. [read post]
30 Sep 2022, 5:01 am
But launching such attacks during active warfare, when Russian forces have entered the battlefield and the impact on their own forces might be harder to determine, is quite another—and makes cyber, at least currently, a difficult tool to employ in the heat of battle. [read post]
28 Sep 2022, 8:47 am
In Horne v. [read post]
26 Sep 2022, 7:24 am
For example, in Spellers v. [read post]
26 Sep 2022, 12:27 am
The Epic Games v. [read post]
20 Sep 2022, 9:22 am
Most judges understand this distinction intuitively because they learned as 1Ls that the Constitution only restricts state action, not private action. [read post]
16 Sep 2022, 5:01 am
See NetChoice, LLC v. [read post]
15 Sep 2022, 11:04 am
United States [read post]
15 Sep 2022, 4:45 am
v. [read post]
14 Sep 2022, 7:45 am
Now of course a harder question would arise if Wisconsin law insisted that SafeBook, as a condition of doing any business in Wisconsin, let [read post]
14 Sep 2022, 12:00 am
For Goold, that party is the IP owner, whom he believes will work harder towards "reaching a licensing deal ex ante" if it is no longer compensated in "a significant portion of accident cases" [p. 59], i.e. all cases where the infringer took reasonable care.Some thoughts on Goold's proposalAs stated, I am quite fond of the book but, in my view, there is also room for criticism (whereby I limit myself to patent law, the area of IP law I am most familiar… [read post]
13 Sep 2022, 6:30 am
I think it is somewhat telling that Jennifer’s caution leads her to try to ask if there are any real defenses for what I find one of the truly indefensible features of the Constitution—the allocation in the Senate of equal voting power by states. [read post]
13 Sep 2022, 3:00 am
Privilege makes the investigation and prosecution harder, not easier. [read post]
12 Sep 2022, 7:36 am
Supreme Court, in Shinn v. [read post]
12 Sep 2022, 5:39 am
[Jack Goldsmith and I will have an article out about the Dormant Commerce Clause, geolocation, and state regulations of Internet transactions in the Texas Law Review early next year, and I'm serializing it here. [read post]