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23 Jun 2014, 12:57 pm by Schachtman
In the case of a novel putative cause, the case may give rise to a hypothesis that the putative cause can cause the outcome, in general, and did so in the specific case. [read post]
23 Jun 2014, 9:29 am by Jason Rantanen
”  For, indeed, the Supreme Court’s chain of decisions creating a judicial exception to the statute defining patent eligible subject matter (35 U.S.C. [read post]
21 Jun 2014, 8:41 am by Brendan Kevenides
 The truth of the matter was that she was doing everything right when she was hit. [read post]
20 Jun 2014, 9:04 am by Rob Merges
 It is not the type of subject matter that Congress wants patented under the Patent Act. [read post]
19 Jun 2014, 7:52 am
Stated differently, the facts disclosed must not be a matter of legitimate public concern. [read post]
18 Jun 2014, 6:00 am by Jonathan Bailey
Students read an approachable novel, have discussions and write a paper about it. [read post]
17 Jun 2014, 1:41 pm by Ron Coleman
In the context of past trademark-on-the-Internet disputes, notably involving domains (which the world once thought would be the alpha and omega of trademark battlegrounds on the Web), we have argued that the issues at stake are not novel “cyberlaw” questions but merely require the application of hoary principles of unfair competition to somewhat novel situations. [read post]
17 Jun 2014, 4:56 am by Steve Vladeck
As a practical matter, the secrecy shrouding the FISA process renders it impossible for a defendant to meaningfully obtain relief under Franks absent a patent inconsistency in the FISA application itself or a sua sponte disclosure by the government that the FISA application contained a material misstatement or omission. [read post]
16 Jun 2014, 4:39 pm by Ron Coleman
The first is that the district court had no subject-matter jurisdiction because there is no actual case or contro-versy between the parties. [read post]
16 Jun 2014, 2:22 am by Michael DelSignore
The science underlying retrograde extrapolation is not novel; it has been used by prosecutors across the nation to convict defendants on per se charges for several years. [read post]
15 Jun 2014, 3:26 pm by The Book Review Editor
And for that matter, The Economic Consequences of the Peace. [read post]
12 Jun 2014, 2:45 pm by Guest Blogger
Nicholas Parrillo This post is part of an online symposiumdiscussing Nicholas Parrillo, Against the Profit Motive: The Salary Revolution in American Government, 1780-1940(Yale University Press 2013). [read post]
12 Jun 2014, 8:20 am by Brendan Kevenides
California has taken an arguably novel approach to this issue. [read post]
12 Jun 2014, 6:00 am by Daniel E. Cummins
Moreover, the Superior Court reversed on this issue but did not include in its decision concrete practical guidance on how a post-Koken trial should be handled.Thus, the hope was that the Supreme Court would step in on the matter and finally give clarity on the important questions presented. [read post]
12 Jun 2014, 5:00 am
§2283, is one example of such legislation that springs readily to mind.So we offer the following, which could be called the “Federal Respect for State Law Act,” or some such euphemism:In any action pending in any court of the United States, to the extent that subject matter jurisdiction exists or is claimed under 28 U.S.C. [read post]
9 Jun 2014, 12:20 pm by Rebecca Tushnet
  Can’t novelize the TV shows.S. [read post]