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28 May 2017, 11:20 am
After all, given its laudatory meaning, one might expect that it will be viewed as lacking distinctiveness. [read post]
26 May 2017, 1:39 pm
According to this view, a feature is physically separable from the underlying useful article if it can “be physically separated from the article by ordinary means while leaving the utilitarian aspects of the article completely intact. [read post]
25 May 2017, 9:01 pm by John Dean
” Barber reports that Thomas Jefferson was our first active/positive president. [read post]
25 May 2017, 5:46 pm
It is possible that one might view Rana Plaza as evidence of the crystallization of the emergence of a transnational legal order governing business behavior. [read post]
25 May 2017, 5:00 am by David Meyer Lindenberg
 As I mentioned, I got interested in libertarian ideas in high school and read a lot of the usual suspects: Milton Friedman, von Mises, Ayn Rand, Frederick Douglass, Thomas Paine, and Thomas Szasz. [read post]
24 May 2017, 10:46 am by Floyd Abrams
In 1907, Thomas Patterson was a Denver newspaper publisher who favored municipal-owned and -operated electric power, which could come about only if cities such as Denver were permitted to engage in home rule. [read post]
24 May 2017, 4:35 am by Edith Roberts
In The Economist, Steven Mazie reports that the “rare coalition of the Supreme Court’s four liberals with Clarence Thomas, the most conservative justice, is less surprising than it appears,” because “Justice Thomas consistently votes against official consideration of race, no matter the political fallout. [read post]
23 May 2017, 9:05 pm by Walter Olson
All of the participating justices agreed except for Justice Clarence Thomas, who could not endorse the outcome based on his longstanding view that the FAA does not apply in state courts. [read post]
23 May 2017, 3:15 am by Edith Roberts
” At ThinkProgress, Ian Millhiser observes that new Justice Neil Gorsuch, along with Justice Clarence Thomas, “voted to give the case a full hearing — a strong indicator that Gorsuch is inclined to strike down the soft money law” and “that he may share Thomas’ extraordinarily restrictive view of the government’s power to keep money out of politics. [read post]
22 May 2017, 6:56 pm by Brian Shiffrin
The last side to comment and deploy a visual presentation of its view of the case therefore gains an edge in persuading the jury as it commences deliberations. [read post]
22 May 2017, 5:15 pm by Kristen Clarke and Ezra Rosenberg
This is clear from the sum and substance of the majority opinions, and from the explicit language in the separate opinions of Justices Samuel Alito and Clarence Thomas in Bethune-Hill and that of Thomas in Cooper. [read post]
22 May 2017, 3:01 pm by Richard Pildes
’” A majority of the court – confirmed by the parts of today’s opinion that are unanimous – has acted on that view ever since. [read post]
22 May 2017, 1:16 pm by Amy Howe
In Alito’s view, the court’s 2001 decision in another challenge to District 12 should have required the challengers to provide their own map. [read post]
21 May 2017, 10:41 am by Guest Blogger
And the officer typically will assert qualified immunity against liability, contending any constitutional constrains on conduct were not clearly established at the time of the episode.In sum, the victim of intentional federal misconduct may be barred from relief against either the federal government or the individual officer.In my view, the solution lies not in any hope for a judicial course correction in Bivensjurisprudence, but rather in a legislative overhaul of official liability for… [read post]
19 May 2017, 9:33 am by Victoria Kwan
His view was, his voice would be all the more compelling if he only dissented when it really mattered. [read post]
19 May 2017, 1:01 am by rhapsodyinbooks
After his death, Malcolm’s views reached an even larger audience than during his life. [read post]