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10 Dec 2019, 2:25 pm by Jonathan Holbrook
Bethel, 854 N.E.2d 150 (Ohio 2006) (“there is substantial authority for the proposition that Miranda warnings are not necessary when counsel is present”); People v. [read post]
10 Dec 2019, 10:34 am by Eugene Volokh
It is a diet/lifestyle choice that people make for their own independent reasons. [read post]
10 Dec 2019, 10:25 am by Guest Blogger
Our government, in James Madison's words, 'derives all its powers directly or indirectly from the great body of the people. [read post]
10 Dec 2019, 5:00 am by Jed Rubenfeld
Imagine a statute immunizing private parties who barricade abortion clinics, hack into people’s email or confiscate people’s guns. [read post]
9 Dec 2019, 12:05 pm by Gordon Ahl, William Ford
The following speakers have already committed to speak at the conference: ▪ Eyal Benvenisti, University of Cambridge ▪ Heike Krieger, Freie Universität Berlin ▪ Silja Vöneky, University of Freiburg Call for papers: We now call upon scholars to consider contributing a paper to the conference. [read post]
9 Dec 2019, 7:23 am by Richard Hunt
Disability is a meaningful word only if it doesn’t apply to everyone. [read post]
8 Dec 2019, 4:03 pm by INFORRM
On the 6 December 2016 Channel 4 News has issued an apology after a subtitling error wrongly claimed Boris Johnson had discussed whether “people of colour” should be allowed into the UK, in reality, Johnson said he was in favour of having “people of talent” come to the UK, and did not discuss race. [read post]
6 Dec 2019, 9:43 am by Josh Blackman, Seth Barrett Tillman
We do not think that a White House meeting is an “official act” under McDonnell v. [read post]
5 Dec 2019, 10:43 am by Rebecca Tushnet
Mark Janis: Eligibility provisions: there’s a history of ex ante detailed legislative specification of product categories, and a second more abstract approach that uses the word “design” and throws in something about functional characteristics. [read post]
5 Dec 2019, 10:43 am by Rebecca Tushnet
The standard requires examiners to do something they’re not equipped to do.McKenna: b/c nonobviousness is incoherent for design, the Fed Cir has made the standard impossible.Sprigman: racerback bras: multiple variants have been granted based on narrowness/length of straps.McKenna: agree not a meaningful bar, but trying to craft a workable standard.Buccafusco: drop the word, but consider the concept: a judgment of similarity at some level of abstraction. [read post]
5 Dec 2019, 10:42 am by Rebecca Tushnet
W/in institutions (schools, guilds, etc.) differences b/t the kinds of people who call themselves engineers and those who call themselves designers—histories, including gendered histories, of this. [read post]
4 Dec 2019, 8:29 pm by Valerie Oosterveld
She cited some cases about corporate responsibility in war crimes, such as Khulumani (United States), Sanader (Croatia), Kiobel v. [read post]
4 Dec 2019, 9:00 am by Masha Simonova
In other words, the investigation itself is frustrating his ability to faithfully execute the laws. [read post]
3 Dec 2019, 4:31 pm by INFORRM
   However, only a handful of people (whom the Claimant did not know) are likely to have heard the defamatory words and the Claimant had not adduced any evidence of “grapevine effect”. [read post]