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13 Dec 2019, 8:26 am
What constitutes a conviction of such a crime shall be determined in accordance with the law of the jurisdiction in which the proceedings were held. [read post]
13 Dec 2019, 8:26 am
What constitutes a conviction of such a crime shall be determined in accordance with the law of the jurisdiction in which the proceedings were held. [read post]
12 Dec 2019, 5:45 am
Simplified Seller Use Taxes, like those adopted in Alabama and Louisiana, try to address one constitutional concern (undue burden) by substituting another (discriminatory taxation), in some cases imposing higher rates on remote sellers than are faced by in-state merchants. [read post]
11 Dec 2019, 11:00 pm
Paul Clement, who represented the plaintiffs, characterized the lower court’s use of historical context as a one way street. [read post]
11 Dec 2019, 2:47 pm
Thus, an article classified as “fancy dress of textile material” can plainly constitute a costume worn on festive occasions without conflicting with the requirement set forth in Rubies I that a “festive article” is “not generally recognized as normal wearing apparel. [read post]
11 Dec 2019, 1:10 pm
Government Abused “No Fly List” Three paragraphs in the three men’s 119-page certiorari application sum up both the constitutional importance and factual tragedy of this case: “The individual agents who have petitioned for certiorari abused their broad, discretionary power to place or maintain people on the No Fly List and through those actions violated Respondents’ rights under RFRA. [read post]
11 Dec 2019, 8:45 am
December 6, 2019 – Supreme Court grants stay pending certiorari petition. [read post]
10 Dec 2019, 4:50 pm
Accordingly, the data may not constitute a “record or other information” in the provider’s custody within the meaning of 18 U.S.C. 2702 and 2703. [read post]
10 Dec 2019, 3:48 pm
“Everybody,” he continued, before correcting himself to say, “I think several of us have the same problem. [read post]
10 Dec 2019, 12:39 pm
Don't leave the table and expect us to clean up. [read post]
9 Dec 2019, 2:19 pm
” The 5th Circuit declined to review Schexnayder’s appeal, and today the justices turned down a petition filed by Schexnayder, who is now represented by counsel. [read post]
9 Dec 2019, 4:01 am
" Milwaukee failed to prove by clear and convincing evidence that Freud possessed that knowledge.As to Freud’s failure to indicate the dates of use for each item, the Board found this to be "at worst, akin to stating an erroneous date of first use, and does not constitute fraud. [read post]
6 Dec 2019, 12:03 pm
Constitution. [read post]
6 Dec 2019, 9:55 am
Trump’s petition stated, “Congress cannot exercise any of the powers of law enforcement; those powers are assigned under our Constitution to the Executive and the Judiciary. [read post]
6 Dec 2019, 3:55 am
” We rely on our readers to send us links for our round-up. [read post]
5 Dec 2019, 10:39 am
This date determines which prior art can be used by the Patent and Trademark Office to determine patentability of the invention and which prior art can be used by competitors to challenge the patent’s validity. [read post]
5 Dec 2019, 10:39 am
This date determines which prior art can be used by the Patent and Trademark Office to determine patentability of the invention and which prior art can be used by competitors to challenge the patent’s validity. [read post]
5 Dec 2019, 7:27 am
Lastly, the cert petition asks whether it violates constitutional due process when expert testimony the state relies on is later shown to be scientifically invalid. [read post]
4 Dec 2019, 8:24 am
That is conceivable, but the problem is that they drew a conclusion that results in the asymmetry I just outlined: if the infringement court finds that the claim construction should be broader than the one used in the (concluded) nullity action, the defendant can't get a new validity determination.It's a titled playing field. [read post]
3 Dec 2019, 3:53 pm
This petition presents two questions, depending on the answer to the first question: 1. [read post]