Search for: "Matter of Cert. of a Question of Law"
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12 Feb 2019, 10:35 am
One might think this risk is minimal because the burden of proof so rarely matters—but I think this case might be evidence to the contrary.]The key question is what booking.com primarily refers to, which depends on public understanding, which can be determined by reference to different sources, including “purchaser testimony, consumer surveys, listings and dictionaries, trade journals, newspapers, and other publications. [read post]
6 Feb 2019, 8:47 am
A pending cert. petition asks the U.S. [read post]
28 Jan 2019, 2:25 pm
Anderson—placing further into question the viability of employee non-solicitation provisions. [read post]
26 Jan 2019, 8:05 am
In technology policy matters. [read post]
24 Jan 2019, 4:14 am
At The Daily Signal, Elizabeth Slattery and Amy Swearer remark Tuesday’s cert grant in New York State Rifle & Pistol Association Inc. v. [read post]
21 Jan 2019, 9:14 pm
So here's the question. [read post]
9 Jan 2019, 3:56 pm
The court described the initial creation of face scans as “[t]he more difficult question. [read post]
9 Jan 2019, 2:48 pm
True to the statistics, none of those repeated relists led to grants, just summary vacaturs and dissents from denial of cert. [read post]
28 Dec 2018, 2:22 pm
Two law professors, Michael H. [read post]
14 Dec 2018, 9:41 am
Hearsay: Minor Victim Statements Hearsay must be asserted by the defense against questionable evidence, but once the objection is made, as a general rule the hearsay [read post]
13 Dec 2018, 8:57 am
When so many of the history- and context-based factors point in the same direction, it becomes less important to say plainly which ones matter most, and why. [read post]
12 Dec 2018, 7:43 am
Safe travels to our entire readership and best wishes for happy holidays, no matter what rituals you observe. [read post]
11 Dec 2018, 5:57 pm
Although one expects attorneys, journalists, and law professors to engage in tea leaf reading as a matter of course, it is quite another thing entirely when a sitting Supreme Court justice like Clarence Thomas joins the parlor game. [read post]
11 Dec 2018, 4:00 am
” Jess Bravin reports for The Wall Street Journal that, “[a]part from the abortion issue, conservatives have been skeptical that federal laws give individuals a right to sue over denial of benefits and similar matters unless Congress explicitly provided for such actions. [read post]
26 Nov 2018, 7:15 am
And that question persists no matter how unpalatable we may find the underlying issue. [read post]
18 Nov 2018, 8:46 pm
" The government's opening brief is due on December 17.This is, I believe, a very strange, almost inexplicable, grant, in light of two things:First, on October 22, the Supreme Court denied a government motion to stay discovery of matters outside the administrative record (with the exception of the deposition of the Secretary of Commerce, which therefore did not occur). [read post]
7 Nov 2018, 8:46 am
This issue has yielded multiple dissents from denial of cert, in Truehill v. [read post]
6 Nov 2018, 3:27 am
They did not grant any cert petitions, and they declined to vacate a decision by the U.S. [read post]
5 Nov 2018, 4:13 am
Florida, a cert petition in a Florida capital-sentencing case that the justices considered at last Friday’s conference. [read post]
31 Oct 2018, 11:21 am
Berninger says the Supreme Court should take the cases for plenary review, while the intervenors say it should just deny cert. [read post]