Search for: "Matter of Novel"
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3 Jul 2021, 9:57 am
Expert witnesses are common in an Illinois divorce where matters of great value are at stake. [read post]
18 Sep 2015, 9:12 pm
And this is where I think it matters that arguments questioning birthright citizenship are not only being made by a bunch of obscure anti-immigration activists on the far-right fringe, plus a handful of law professors, who either are found on the furthest-right edges of academia (e.g. [read post]
24 Apr 2020, 11:33 am
Missouri alleges that because certain harms resulting from China’s mismanagement of the novel coronavirus took place in the United States, the Chinese government’s immunity should be waived. [read post]
9 Dec 2021, 6:01 am
Against all this, Oklahoma has staked out a novel legal position. [read post]
9 Jan 2017, 10:24 am
According to Politico, these threat represent “a novel form of party message discipline. [read post]
11 Mar 2014, 7:56 pm
Constitution.[10]In the first Patent Act of 1790, Congress expressly limited patents to universally novel inventions that fell within a specific category of subject matter (specifically, “any useful art, manufacture, engine, machine, or device, or any improvement therein not before known or used"), and instituted no requirement that inventions be practiced.[11]Over the course of the next century, U.S. patent law would come to value generation and disclosure of new technical… [read post]
1 Feb 2023, 7:31 am
Part Two lays out four distinct roles that history and tradition can play: (1) as evidence of original meaning and purpose, (2) as modalities of constitutional argument within a constitutional pluralism framework, (3) as a novel constitutional theory, which we call “historical traditionalism,” and (4) as implementing doctrines. [read post]
29 Nov 2017, 12:18 pm
I recognize that this is mostly a normative claim about what the Fourth Amendment should be, rather than a descriptive claim about what it actually is, but this idea of accomodating technological reality is at least a partial description of why the Court reach the result it did in Katz (involving the novel technology of wire taps) and Kyllo (heat detectors). [read post]
19 Dec 2012, 6:29 pm
A basic principle of copyright law is that ideas, themes, facts, subject matter, and historical incidents cannot be copyrighted. [read post]
24 Dec 2015, 8:20 am
Since nobody knows what causes SJS/TENS, and plaintiffs have laid the condition at the doorstep of literally dozens of drugs in litigation, the court allowed an unqualified and inexperienced witness to offer a novel causation opinion where numerous, real physicians who had actually treated this condition were unwilling to tread. [read post]
22 Apr 2016, 7:59 am
The problems arise, not because it is descriptively incorrect as a matter of existing law, but because it is a poor construct around which to organize a conflict of this nature. [read post]
11 Jul 2016, 12:43 pm
How is this legal position as a matter of process properly arrived at and defended? [read post]
29 Jan 2013, 7:21 pm
This prediction has so far been validated.Now let's look at the Tuesday rulings on an item-by-item basis.Ruling on Samsung's motion for judgment as a matter of lawThe most important part of this JMOL ruling is that Judge Koh, unlike the jury, did not find a willful patent infringement by Samsung. [read post]
14 May 2017, 4:21 am
The relevant law can be unclear, and its application may raise novel questions and have no obviously right answer. [read post]
16 Nov 2020, 5:01 am
The House adopted the proxy voting system at issue in McCarthy on May 15, almost two months after a number of lawmakers fled Capitol Hill to avoid gathering en masse and to slow the spread of the novel coronavirus. [read post]
2 Apr 2021, 8:10 am
Moreover, government lawyers often seek to negotiate novel public-private arrangements that benefit both the company and the larger ecosystem. [read post]
27 Dec 2016, 10:59 am
" No matter what the precise facts turn out to be, it seems certain that a terrible tragedy occurred. [read post]
20 May 2019, 5:49 am
How time flies! [read post]
6 Apr 2016, 12:06 pm
What happens when Prosecutors use the testimony of a cop, with no testimony from a laboratory to identify the drug, Marijuana / Cannabis? [read post]
31 Oct 2018, 2:22 pm
For any belief, no matter how crazy or off the wall, there’s likely someone who believes it. [read post]
