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14 Jan 2020, 5:34 am by Marty Lederman
  The court of appeals' contrary reading--that Congress in 2017 amended § 5000A to change a legal choice between two options into an invalid mandate to perform only the first of those options--thus makes no sense and flies in the face of the Supreme Court's authoritative reading of § 5000A (a reading that was necessary to its ultimate judgment).Second, there’s no evidence in the legislative history—none at all—that any member of the 2017 Congress, let alone… [read post]
9 Mar 2023, 3:59 am
And sure enough, whereas the July 2021 version of the TMEP (Section 1209.01(c)(i)) stated that “[t]he examining attorney has the burden of proving that a term is generic by clear evidence,” the same section in the July 2022 version (here) does not. [read post]
1 Jun 2007, 7:30 pm
On July 2, 1976, in deciding the case of Gregg v Georgia, the Supreme Court legalised capital punishment after a decade-long moratorium on executions. [read post]
11 Sep 2012, 8:52 am by Rebecca Tushnet
  If the P shows D used too much, does it automatically win on likely confusion? [read post]
5 Jul 2017, 4:00 am by Malcolm Mercer
(Phoenix Concert Theatre), 2012 ONCA 496 which set out the following factors to be considered in the test for reasonableness: (a) the time expended by the solicitor; (b) the legal complexity of the matter at issue; (c) the results achieved; and (d) the risk assumed by the solicitor. [read post]
10 May 2011, 9:00 am by McNabb Associates, P.C.
ARTICLE V Extradition shall be granted only if the evidence be found sufficient, according to the laws of the place where the person sought shall be found, either to justify his committal for trial if the offense of which he is accused had been committed in that place or to prove that he is the identical person convicted by the courts of the requesting Party. [read post]
1 May 2016, 1:49 pm by streetartandlaw
Then Defendants argue that their name, “Moschino,” falls into the exception of Section 1202(c), as “personally identifying information about the user of a work”. [read post]
18 Jul 2014, 11:33 am by Marty Lederman
  Take the religious objection to the federal minimum wage at issue in Tony and Susan Alamo Foundation v. [read post]
31 Dec 2011, 1:43 pm by Steve Vladeck
 Because of those efforts, Subtitle D of the NDAA is not nearly as problematic as many critics have suggested. [read post]
31 Dec 2011, 1:19 pm by Marty Lederman
Because of those efforts, Subtitle D of the NDAA is not nearly as problematic as many critics have suggested. [read post]