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2 Nov 2012, 5:00 am
” In the De Laudibus Legum Angliae, c. 1470, Sir John Fortescue argues that “one would much rather that twenty guilty person should escape the punishment of death, than that one innocent person should be condemned and suffer capitally. [read post]
1 Nov 2012, 1:42 am
What's important is what it does in practice, not how we categorise it]; 3. [read post]
31 Oct 2012, 11:00 pm
Professor Lahav focused her remarks on what has been happening in the lower courts in response to the three key aspects of the Court’s decision in Dukes: 1) the “new commonality” requirement; 2) the rejection of the use of Rule 23(b)(2) to recover individualized money damages; and 3) the rejection of “trial by formula,” of the use of statistical sampling to solve individualized damages problems. [read post]
30 Oct 2012, 4:00 am
On Monday, the Supreme Court heard oral arguments in Kirtsaeng v John Wiley & Sons, a case dealing with the impact of copyright’s first sale doctrine — 17 USC § 109(a) — on the Copyright Act’s importation prohibition — 17 USC § 602(a)(1). [read post]
30 Oct 2012, 4:00 am
On Monday, the Supreme Court heard oral arguments in Kirtsaeng v John Wiley & Sons, a case dealing with the impact of copyright’s first sale doctrine — 17 USC § 109(a) — on the Copyright Act’s importation prohibition — 17 USC § 602(a)(1). [read post]
29 Oct 2012, 1:00 pm
Major League Baseball is notoriously slow when it comes to moving franchises (just ask Oakland owners Lew Wolff and John Fisher) and they already have the Devils when it comes to hockey. [read post]
28 Oct 2012, 12:09 pm
This rejection of liberal perfectionism in favor of liberal neutrality is what Professor West calls the “friendly fire” that explains, in part, why liberals and progressives have been reluctant to develop the sort of natural law jurisprudence she envisions. (3) Finally, there are Catholic natural lawyers, such as John Finnis and Robert George, who differ from the first group in at least two ways. [read post]
27 Oct 2012, 10:25 am
(Kenneth Anderson) The Washington Post has just featured three major consecutive front-page stories on “The Permanent War” – the war on terror (or however one wants to label it), as the US moves from Obama 1 to either an Obama 2 or a Romney administration – and administrations after that. [read post]
27 Oct 2012, 10:01 am
Seen from the standpoint of the international advocacy community, the choices for advocacy campaigning are premised on either Obama 2 or Romney 1. [read post]
25 Oct 2012, 9:01 pm
And in 2004, President Bush won reelection by beating Democrat John Kerry by about 3 million votes nationwide, and yet if Kerry had won just over 60,000 more votes in Ohio away from Bush, Kerry would have prevailed under the current electoral college system. [read post]
24 Oct 2012, 8:38 pm
But what does “right or claim existing” mean? [read post]
24 Oct 2012, 3:25 pm
The defendant drove the co-defendant to another apartment where he met with the certain John doe while the defendant remained outside in the vehicle. [read post]
24 Oct 2012, 2:00 am
In re Orchard, Slip Opinion at 2-3. [read post]
23 Oct 2012, 8:33 am
The proposed solution does little to address these problems. [read post]
23 Oct 2012, 7:59 am
In this post, John S. [read post]
23 Oct 2012, 6:30 am
Sources[1] Federal Trade Commission Brief as Amicus Curiae, In re Lamictal Direct Purchaser Antitrust Litig., No. 2:12-cv-00995 (D.N.J. [read post]
20 Oct 2012, 6:00 pm
(Click here for part 1.) [read post]
20 Oct 2012, 6:00 pm
(Click here for part 1.) [read post]
19 Oct 2012, 9:51 am
Nestle challenged this tax under four constitutional provisions: (1) the requirement of the Texas Constitution that taxes be “equal and uniform”; (2) the Equal Protection Clause; (3) the Due Process Clause; and (4) the dormant Commerce Clause. [read post]
