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17 May 2021, 7:23 am by Camilla Hrdy
 Vernor is actually a really pretty bright-line rule. [read post]
14 Mar 2008, 11:43 am
Now, this possible source for her comment is truly offensive because Obama is likely far smarter than either Hillary or McCain, and probably is a lot smarter than anyone else who has been in the race on either side (with only one or two merely possible exceptions of guys who conceivably could be as bright as him). [read post]
13 Jul 2015, 10:40 am by Guest Blogger
That evening, for the first time, The White House was illuminated with the bright colors of the rainbow. [read post]
21 Feb 2016, 4:00 pm by Old Fox
 Thomas Cromwell’s arrival in power as chief adviser in ecclesiastical matters had heralded a more energetic policy, and by January 1533 the act against appeals to Rome was being drafted, and Anne Boleyn was pregnant. [read post]
18 Jun 2024, 7:02 am
But this effectiveness as a functional matter comes at a price: "In this sense, the law’s enactment represents not a victory for the global BHR movement, but rather a disregard for it. [read post]
5 Mar 2018, 10:43 am by Camilla Alexandra Hrdy
 Fortunately, economists have historically thought that the dark side is always going to be balanced out by the bright side: technological employment. [read post]
9 May 2017, 2:17 pm by Steve Vladeck, Benjamin Wittes
Jones, that the same principle didn’t immunize a sitting President from civil litigation (in federal court, anyway) arising out of acts he took before assuming office, the working assumption for the past 35 years has been that inauguration is a bright constitutional line, and that the President is categorically free from civil liability for misdeeds that take place on the far side of his oath. [read post]
8 Jul 2016, 3:46 pm by Rebecca Tushnet
  It would be completely unfair to, say, a §33(b) remote good faith user to say that the registration relates back to the initiation of the case, when a key point of registration is to fix the date on which rights became nationwide as a matter of law.But, for the very same reason, the result should be different here: registration provides statutoryrights that are explicitly provided over and above the common law, and it was those things—nationwide priority, the very broad… [read post]
6 Mar 2015, 7:56 am by Rebecca Tushnet
, then shouldn’t a jury get to decide it and not the Sixth Circuit, given that court’s conclusion that the matter is not free from doubt? [read post]
4 Oct 2022, 9:11 am by Anna Bower
  With housekeeping matters now behind him, Mehta announces that he’s ready to bring in the jury. [read post]
5 Mar 2016, 4:18 pm by Andrew Delaney
The court found that the boy “was a bright, engaging, and loving child. [read post]
21 Aug 2015, 7:18 am
As a matter of fact, the United States Supreme Court has `frequently approved warrantless seizures of property . . . for the time necessary to secure a warrant, where a warrantless search was either held to be or likely would have been impermissible. [read post]
26 Mar 2014, 7:50 am by Rebecca Tushnet
This is a background rule of general application, no matter what. [read post]
13 Jun 2016, 10:55 am by Rebecca Tushnet
 Sullivan: advertisers take care of some of that; most brands aren’t interested in coming close to controversial subject matters. [read post]
9 Dec 2014, 3:36 am by Florian Mueller
The Federal Circuit provided some guidance on "fair use" that ups the ante for Google, and what will up the ante to an even greater extent is that its equitable defenses failed, enabling Oracle on remand to ask the district court to preclude Google from making certain arguments that the first jury (with a bright foreman who couldn't dissuade other jurors from an illogical stance) probably thought had a bearing on "fair use" (Schwartz testimony etc.).I can't see… [read post]
28 Jul 2021, 6:38 pm
No matter what instruments he uses, at some point he reaches the edge of certainty beyond which conscious knowledge cannot pass. [read post]
20 Jul 2023, 8:46 am by Rebecca Tushnet
” (I mean, so might the provider of medical procedures, especially in a world where they can sue the patient for any underpayment; this bright line does not seem consistent with many state law decisions I’ve seen and seems to underweight the idea of material misrepresentation in particular.) [read post]