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31 Jan 2019, 11:36 am
As Justice Clarence Thomas warned in his dissent in Thomas Jefferson University v. [read post]
31 Jan 2019, 8:14 am
Justice Clarence Thomas, for example, in a concurrence, stated that “Seminole Rock was constitutionally suspect from the start, and this Court’s repeated extensions of it have only magnified the effects and the attendant concerns. [read post]
31 Jan 2019, 1:00 am
Citing Pfaff, the Court noted that its precedent interpreting patent statute in force immediately before the AIA supports the view that a sale or offer of sale need not make an invention available to the public to constitute invalidating prior art. [read post]
30 Jan 2019, 2:54 pm
On January 28, 2019, in a ruling that will be closely analyzed in connection with the several other recently filed data breach-related securities lawsuits, Northern District of Georgia Judge Thomas W. [read post]
29 Jan 2019, 7:23 am
On this view, sometimes called the “self-delegation” argument, agencies have incentives to issue vague, ambiguous or conclusory rules and then clarify the rules through subsequent interpretation, thereby “delegating power to themselves. [read post]
28 Jan 2019, 9:00 pm
A Kennedy-Ginsburg concurrence and a Thomas-Scalia-Rehnquist dissent took widely diverging views on the question, and on whether the channels could be treated as public forums. [read post]
28 Jan 2019, 8:07 am
In March 2018, Justice Neil Gorsuch joined Justice Clarence Thomas in a dissent from the denial of review in another case asking the justices to overrule Auer; Thomas described the doctrine as “constitutionally suspect” and “on its last gasp. [read post]
25 Jan 2019, 1:55 pm
., Thomas E. [read post]
25 Jan 2019, 12:01 pm
Stephens’s views were embraced in dissenting opinions in 2015 by Justices Stephen Breyer and Ruth Bader Ginsburg who said that “unconscionably long delays … undermine the death penalty’s penological purpose. [read post]
25 Jan 2019, 9:16 am
The courts do not view attempts at alienating affection in a positive light. [read post]
25 Jan 2019, 5:00 am
Many viewed the pledge as a sign of weakness, made as the group gradually lost at least 80 percent of its formerly occupied territory to coalition forces. [read post]
24 Jan 2019, 4:15 pm
Douglas wrote to his colleague Justice Thomas Clark, the author of the Court’s majority opinion in Mapp: Dear Tom: This last weekend at a social occasion I saw Attorney General Stanley Mosk of California and his wife. [read post]
24 Jan 2019, 11:09 am
Justice Alito likely shares Thomas's views, as reflected in his concurring-in-the-judgment opinion in Caetano v. [read post]
23 Jan 2019, 7:08 am
Legal elites during the Warren and Burger Court era were mostly liberal, and perhaps as a result, several justices drifted towards liberal views once on the court. [read post]
23 Jan 2019, 6:34 am
Justices Clarence Thomas, Neil Gorsuch and Brett Kavanaugh joined the statement respecting denial. [read post]
23 Jan 2019, 6:15 am
Thomas, 73 AD3d 103 (2d Dept 2010), the court observed that where a marriage has been wrongfully procured, the statutory right of election which would have emanated from such marriage will be forfeited. [read post]
23 Jan 2019, 6:04 am
The working assumption is that these types of sources, mostly ignored, contributed greatly not only to disseminate legal ideas, not only to vulgarize them (as they are often viewed) but also to develop and enrich European legal tradition. [1] Thomas Duve. [read post]
22 Jan 2019, 6:18 pm
Four conservative Justices (Thomas, Alito, Gorsuch, and Kavanaugh) so suggested in an opinion today — and Justice Breyer had taken a similar view 20 years ago. [read post]
22 Jan 2019, 2:39 pm
Germany’s Point of View Concerning the Treaty on the Prohibition of Nuclear Weapons and Effective Nuclear Arms Control and Disarmament Markus Gentzsch & Marc Becker, PSPP – Curtain Up for a New Act in the Drama »German Federal Constitutional Court versus European Court of Justice« [read post]
22 Jan 2019, 11:26 am
Four conservative Justices (Thomas, Alito, Gorsuch, and Kavanaugh) so suggested in an opinion today -- and Justice Breyer had taken a similar view 20 years ago.[1.] [read post]
