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21 May 2015, 8:27 am by NCC Staff
Recent Historical Stories on Constitution Daily Looking back at a key Supreme Court decision about gay rights The real-life namesake of Martin Sheen’s ‘West Wing’ president Plessy’s place in the list of worst Supreme Court decisions Looking back at the Brown v. [read post]
15 May 2015, 10:02 am by Law Offices of Jeffrey S. Glassman
According to the United States Supreme Court, a defendant, after being advised by a competent attorney, can determine there is sufficient evidence for a finding of guilty and a guilty plea is in his best interest, but defendant would not have to actually admit to the specific facts. [read post]
29 Apr 2015, 5:25 am by Ben
The case reminded me of the recent decision by the New York Supreme Court Appellate Division who ruled in favour of artist Arne Svenson, who used camera with a powerful long lens to take pictures from his lower Manhattan residence of people in apartments in a neighboring building. [read post]
22 Apr 2015, 3:30 am by Pam Samuelson
But we have shied away from the safe harbor concept in fair use cases, perhaps because the Supreme Court was unwilling to endorse presumptions of fairness for parodies in its Campbell v. [read post]
23 Mar 2015, 5:23 pm by Lawrence B. Ebert
Cir.2013)) (obviousness).Because the district court’s claim constructions were based solely on theintrinsic record, the Supreme Court’s recentdecision in Teva does not require us to review the district court’sclaim construction any differently than under thede novo standard we have long applied.Fenner Invs., Ltd. v. [read post]
19 Mar 2015, 2:39 pm by Lawrence B. Ebert
§ 1.78) are applied (...)Yes, the Supreme Court Chevron case comes up:Judge Andrews' decision that HTC was correct in challenging the priority of the '105, '181, and '720 patents was based in his determination that the PTO was not entitled to deference under Chevron U.S.A., Inc. v. [read post]
10 Mar 2015, 9:01 pm by Michael C. Dorf
One difficulty is that, as the Supreme Court stated in the 1987 case of South Dakota v. [read post]
26 Feb 2015, 2:22 pm by Lawrence B. Ebert
§ 706(2)(A).When reviewing an agency’s statutory interpretation, this court appliesthe two-step framework established in Chevron, U.S.A. [read post]
26 Feb 2015, 5:00 am
  To these Supreme Court cases, we append the more recent Superior Court case of Makripodis v. [read post]
10 Feb 2015, 9:30 pm by Karen Tani
Although the conventional narrative of backlash focuses on an increasingly conservative Supreme Court, Congress, and activists aiming to constrain the developments of the Civil Rights era, there is another very important element to this story, in which access to the courts for rights claims has been constricted by efforts that target the "rules of the game:" the institutional and legal procedures that govern what constitutes a valid legal case, who can be… [read post]
8 Feb 2015, 7:52 pm by Dennis Crouch
”[1]  The Supreme Court has addressed this fact pattern on about a dozen occasions. [read post]
26 Jan 2015, 7:43 am by Joy Waltemath
Home Depot U.S.A., Inc., the Hawaii high court declined to adopt a standard under which virtually any conceivable set of facts could support an adverse employment decision. [read post]
25 Jan 2015, 7:50 am
The Supreme Court affirmed per curiamin 2010. [read post]
22 Jan 2015, 2:46 pm by Ben
The case went up to the Supreme Court which ended in a 4-4 tie, because Justice Kagan didn't sit (as she had filed an amicus brief in the case while she was Solicitor General). [read post]