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23 Feb 2019, 3:51 pm
Instead, Thomas’s entire critique consists of describing the common law of libel and defamation when the Amendments (especially the First Amendment) were ratified; apparently applying an (unstated) presumption that the framers didn’t intend or foresee that the Constitution would upend that common law (as Steve Sachs might put it, that they intended to preserve a “constitutional backdrop”—but cf. my discussion at pages 1589-92 here); and then… [read post]
23 Mar 2014, 9:15 am
Grassroots Tea Partiers see themselves in a last-ditch effort to save “their country,” and big-money ideologues are determined to undercut Democrats and sabotage active government. [read post]
4 Jan 2020, 5:51 am
(Pix © Larry Catá Backer 2020)I am delighted to post for comment a draft essay that I have recently finished (or or less). [read post]
26 May 2023, 12:42 pm
[France][Habitual residence] [Wrongful removal][Petition granted] In Castang v Jeong-Eun Kim, 2023 WL 1927027 (N.D. [read post]
10 Mar 2020, 1:59 am
In the present case, the appellant requested that the appealed decision be set aside and that the case be remitted to the examining division. [read post]
22 Dec 2017, 2:29 pm
" Cf. [read post]
20 Apr 2018, 6:16 am
Thus the process concerns the production of oxygen for the purpose of fuelling a power generation system of the integrated gasifier combined cycle type, commonly referred to by its acronym IGCC.The impugned decision concluded that the process defined in claim 1 lacked novelty on the consideration that claim 1 is merely related to a "process for producing oxygen" that is restricted to the production of oxygen in a cryogenic air separation system, while the stated use "for fuelling an… [read post]
27 Mar 2015, 10:00 am
Mark A. [read post]
23 May 2016, 5:51 am
Cf. [read post]
4 Jul 2016, 2:10 pm
This post examines an opinion from the Supreme Court –Queens County, New York: People v. [read post]
23 Jun 2019, 10:57 am
Cf. [read post]
27 Feb 2018, 3:59 pm
Is Amartya Sen “the century’s great critic of capitalism”? [read post]
CAFC in Shukh: concrete and particularized reputational injury can give rise to Article III standing
2 Oct 2015, 11:08 am
Cf. [read post]
10 Sep 2018, 6:03 am
Cf. [read post]
19 Jul 2017, 8:53 am
Aug. 6, 2007) (same in case of forfeiture of residence when in excess of 90 images were on computer in home); cf. [read post]
15 Jan 2013, 5:01 pm
The OD came to the conclusion that the invention claimed in the proprietor’s 3rd auxiliary request, which corresponds to the appellant proprietor’s 2nd auxiliary request in appeal, involved an inventive step even when starting from A0 (decision under appeal, reasons E4). [6.4.2] It is however the established case law of the boards of appeal that it is not allowable to base the assessment of substantive patentability (novelty and inventive step) upon subject-matter not identified as… [read post]
5 Feb 2018, 4:48 am
Private organizations often get a permit to put on events on public streets or in a public park, and open the event to the public generally. [read post]
17 Jan 2016, 8:02 am
The attacks on Senator Ted Cruz’ qualifications to be President have left me a little depressed. [read post]
27 Feb 2015, 1:06 pm
Moderator – Irene Calboli, Marquette Law School and National University of Singapore Carys Craig, Osgoode Hall Law School, York University - Deconstructing Copyright’s Choreographer: the Power of Performance (and the Performance of Power) Feminist approach to conceptualizing artistic creativity can shed light on choreography as engaged and embodied practice and demonstrate weaknesses of dominant conception of creativity (myth of romantic author). [read post]
