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12 Oct 2010, 11:55 am by Jason Rantanen
  Even after the court settled this issue in DSU Medical, it continued to conceive of the requirement in mental state terms – in i4i v Microsoft, for example, the court stated that inducement requires that the accused party “knowingly induced infringement and possessed specific intent to encourage another’s infringement. [read post]
1 Feb 2012, 7:47 am by Robert Chesney
  The first three criteria seem relatively easily satisfied in this case, but the last three may be problematic given how severely/absolutely they are framed. [read post]
21 Feb 2013, 4:00 am by Administrator
Framing cyber conflict as “war” entails attempts to apply the law of war; but the conflation of activities that powers the “war” framing undermines the application of the law of war, creating a “double bind” situation in which it seems that we simultaneously must but cannot apply the law of war to cyber war. [read post]
17 Oct 2012, 6:12 pm by Rick St. Hilaire
Homeland SecurityThe investigation and arrest of Prokopi is an outgrowth of the civil forfeiture case of United States v. [read post]
17 Aug 2024, 6:30 am by Guest Blogger
State legislatures nonetheless continued to pass retrospective emergency relief laws, which faced almost universal rejection by state courts under the federal contract clause. [read post]
17 Jan 2015, 5:06 pm by Giles Peaker
There had been a number of external defects including an excessive gap between the brickwork and window frame to one of the bathroom windows and fungal decay to two other windows. [read post]
27 May 2011, 11:33 am by Michael O'Hear
Justice Scalia’s dissent is framed primarily as an objection to federal judges engaging in just this sort of social policy analysis. [read post]
27 May 2011, 2:39 pm by Michael M. O'Hear
Justice Scalia’s dissent is framed primarily as an objection to federal judges engaging in just this sort of social policy analysis. [read post]
21 Apr 2022, 6:30 am by Guest Blogger
  Or progressives might employ what Tara Leigh Grove calls “flexible textualism” to insist that the state attend to the functional preconditions for the realization of enumerated rights, as when the plaintiffs in San Antonio Independent School District v. [read post]
4 Oct 2017, 3:59 pm
  pp 46-61 By Surya Deva https://doi.org/10.1017/9781316797990.004 4 - Putting “Human Rights” Back into the UN Guiding Principles on Business and Human Rights: Shifting Frames and Embedding Participation Rights pp 62-75 By Tara J. [read post]
14 Jun 2010, 8:52 am by Lyle Denniston
   The Court framed the legal question at issue in exactly the form suggested by the U.S. [read post]
6 Jun 2015, 9:14 am by Guest Blogger
Supreme Court will say about civil marriage in Obergefell v. [read post]
2 Jun 2013, 10:41 am by Michael M. O'Hear
  It is not clear whether any other states with different post-conviction time frames might also be covered by Trevino’s extension of Martinez. [read post]