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24 Jun 2019, 7:30 am by Guest Blogger
(p. 41)The resulting opinions, Lessig continues, “would inevitably be inconsistent even if all were written in good faith” (id.). [read post]
8 Jul 2013, 6:47 am by Florian Mueller
I'm primarily interested in what challenges this decision poses to Apple's efforts to have it overturned and, more generally, to implementers of standards finding themselves as respondents in other ongoing and future ITC investigations involving FRAND-pledged standard-essential patents (SEPs).Here's the ruling, in three PDFs due to size (this post continues below the three documents): ITC Inv. 337-TA-794 Commission Opinion Part 1 ITC Inv. 337-TA-794 Commission Opinion Part 2 ITC Inv.… [read post]
4 Oct 2020, 6:30 am by Guest Blogger
The federal judge presumably does not need the state court’s help in expounding federal constitutional law. [read post]
4 Feb 2024, 1:01 pm by Josh Blackman
Second, they acknowledged that the President obviously does not appoint himself, but countered that the Appointments Clause does not define who are the "Officers of the United States. [read post]
29 Oct 2013, 4:13 am by Devlin Hartline
They say that bad facts make bad law, and that was proven yet again earlier this year with Righthaven’s resounding defeat on the standing issue in the Ninth Circuit.1 I have uploaded a copy of the Ninth Circuit’s opinion to Scribd. [read post]
29 Jul 2019, 4:15 am by Marty Lederman
  Indeed, many Americans likely assume, based simply on what they’ve witnessed on television, that investigating the executive branch is the primary thing Congress does—and in an era where Congress enacts almost no important legislation, it’s perhaps the most important congressional function, too. [read post]
29 Dec 2019, 7:23 pm
  And where once hermeneutics formed the core challenge of law when it moved from theory to working system, now the "facticity" of data becomes the foundation on which data driven governance, and compliance, are founded. 1. [read post]
11 Aug 2024, 9:01 pm by renholding
”[15]  The Commission also said that “the fact that a registrant is exposed to a material transition risk does not necessarily result in its … emissions being de facto material to the registrant. [read post]
16 Jul 2022, 1:00 am by David Pocklington
Although the outcomes of the two cases were different and at first sight contradictory, both followed the application of the same logic, turning on the application of ss 1(2) and 1(4) Mental Capacity Act 2005 to s 1(1)(a) Abortion Act 1967. [read post]
19 Jun 2023, 5:26 am by centerforartlaw
On the other hand, countries are fighting to get their cultural property back to promote their own states’ national identities.[1] The disputed ownership of artifacts in western museums is a well-known global issue. [read post]