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2 Jan 2020, 9:01 pm by Vikram David Amar
When a court purports to resolve a matter but never really addresses the merits, then nothing has been adjudicated in a way that must be respected by future tribunals. [read post]
11 Dec 2009, 10:26 am by Tracy Coenen
It is my personal opinion that our country needs more, not fewer, skeptics to turn bright lights on financial shenanigans and company weakness. [read post]
30 Mar 2021, 11:39 am by Jonathan Bailey
There are no bright line rules that exist within it and the tides are constantly changing. [read post]
24 Nov 2009, 10:30 am
" # # # Matter of Goldstein v New York State Urban Dev. [read post]
4 Jun 2010, 7:08 am by pfriedman
” He contrasts these provisions to provisions that provide bright lines that make decision easy — provisions such as the requirement that Senators be 30 years old. [read post]
19 Jun 2011, 8:34 am by S2KM Limited
Keep the focus on this example and what it represents, and the structured settlement industry merits a bright and expanding future. [read post]
15 Dec 2010, 7:36 am by Paul F. Prestia
According to §101, anyone who invents a “new and useful” process or composition of matter is entitled to a patent. [read post]
31 Oct 2012, 10:30 am by Matthew Salzwedel
It doesn’t matter whether you’re in state court—where the district-court judges usually decide discovery disputes—or in federal court—where Article III judges fob off discovery matters to their magistrates—judges will do almost anything to avoid becoming immersed in discovery squabbles. [read post]
9 Sep 2008, 5:10 am
So, keeping in the bright lights, my personal view is, discoveries is a low percentage game in most cases, but we didn't want to sort of gloss over it. [read post]
21 Mar 2017, 10:55 am by Miriam Seifter
“[W]hat’s the harm,” she asked, in allowing a more “fluid” analysis, in which factors other than state law might sometimes matter? [read post]
12 Sep 2014, 9:01 am by MBettman
Is the language in this warrant insufficient as a matter of law to establish probable cause? [read post]
14 Apr 2024, 1:05 pm by Peter S. Lubin and Patrick Austermuehle
  This could have a severe chilling effect on employee post termination activities; an employee unschooled in the law cannot be expected to know to what extent such a covenant is enforceable, particularly since courts apply a multifactor reasonableness standard instead of a bright-line rule. [read post]
14 Aug 2013, 12:49 pm by Orin Kerr
” Granted, as a matter of retroactivity law, Gant provided the governing law. [read post]
9 Feb 2012, 7:36 am by Robert Chesney
In determining the constitutional rights of aliens outside the United States, the Court applies a “functional approach” rather than a bright-line rule. [read post]