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1 Sep 2008, 8:47 am by stu@crimapp.com
This term, the United States Supreme Court (in Bell v Cone) is going to decide the sticky question which arises in many habeas corpus cases – how much deference is owed to a state court which cannot be bothered to talk about the issue.The writ of habeas is the main vehicle which state prisoners use to challenge their convictions in federal court when there is a good argument that the conviction was obtained in violation of the federal laws or the… [read post]
14 Nov 2015, 9:35 am
For example, what if the man’s motive was to show how weak the chair was versus how strong it was? [read post]
8 Apr 2016, 3:00 am by Matthew Wentworth-May
Comment The guidance on how a scheme will be analysed by the courts is helpful. [read post]
9 Sep 2021, 7:00 am by Travis Hinman
The Ninth Circuit waded into this debate earlier this year in Olean Wholesale Grocery Coop., Inc. v. [read post]
16 Jul 2019, 1:54 am
The case primarily rested on how a skilled person would interpret the sketchy results and conclusions presented in the abstract.An interesting point that arose was whether "the state of the art" was the abstract in Japanese or the English translation of the abstract. [read post]
22 Jul 2021, 11:06 am by Barbara S. Mishkin
After reviewing the facts and holding in Ramirez, we discuss how the decision clarifies the concrete harm requirement established by SCOTUS’s Spokeo decision, Ramirez’s implications for class action and individual lawsuits alleging violations of federal consumer financial protection laws, and the potential impact on state court litigation. [read post]