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26 Nov 2012, 8:57 am by Lawrence Solum
Here is the abstract: Chief Justice John Roberts argued, in NFIB v. [read post]
23 Mar 2010, 6:04 pm by Brian Shiffrin
We agree with defendant that the People failed to meet that burden in this case. [read post]
17 May 2011, 8:12 am by Stefanie Levine
In the Microsoft Corp. v. i4i, the Supreme Court must determine whether the burden of proof for parties alleging patent invalidity should be changed from a clear and convincing standard to a preponderance of the evidence standard. [read post]
14 Aug 2012, 3:34 am
HELD: (1) The legal burden of proof to prove infringement rested with L as the patentee. [read post]
4 Nov 2013, 2:12 pm
 (And certainly not persuaded by clear and convincing evidence, FWIW.)I think this instruction understates the burden of proof. [read post]
14 Jun 2012, 8:01 am by Kelvin Lawrence
  The Court noted that under rational basis review, the burden is on the party challenging the tax classification to negate every conceivable basis supporting a distinction in treatment in order to prove an Equal Protection violation. [read post]