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9 Jun 2008, 8:23 pm
Without a hearing, we cannot say whether applicant does or does not have a clear right to relief. [read post]
8 Jun 2008, 12:28 am
"- And it also has a constitutional and moral obligation to not violate the constitutions ex post facto and due process clauses, to name a few, and provide fair treatment to all people. [read post]
30 May 2008, 3:53 pm
First, it established a three-part test to determine whether an indirect compensation arrangement exists; if an indirect compensation arrangement is not found to exist because of the application of the test, the Stark Law referral prohibition would be inapplicable. [read post]
23 May 2008, 1:00 pm
  Brennan was perturbed by that usage, and made his perturbation quite clear. [read post]
21 May 2008, 1:17 am
Police say Witlin fired a shotgun twice at a motorist, then broke into the home of his ex-wife and entered with the gun while his 11-year-old son was in his bedroom. [read post]
12 May 2008, 3:31 am
During ex parte reexaminatoin, third-party communications are strictly forbidden. [read post]
8 May 2008, 7:46 pm
May 8th’s en banc oral arguments in Ex parte Bilski reveal a court clearly grappling with the difficult problem of defining the scope of patentable subject matter in a way that is both administratively workable and supportive of future innovation and technology surges. [read post]
7 May 2008, 1:14 pm
  At the ex parte hearing, the trial court expressed sympathy with the plaintiffs, but denied them relief:"I would love to give you relief. [read post]
5 May 2008, 11:53 pm
"We're very rapidly approaching maximum capacity," he said.For the most part, this is a self-inflicted wound. [read post]
28 Apr 2008, 11:00 am
, US CAFC throws out jury patent infringement verdict, raises potentially invalidating prior art: Finisar v DirecTV: (Patent Prospector), (Hal Wegner), (EDTexweblog.com), (Peter Zura's 271 Patent Blog), (IP Law360), (Patently-O), (Patently-O), Global Global - General Further resolution needed to keep IP issues in WTO negotiations: (Intellectual Property Watch), Mobile phone manufacturers seek to control rising IP costs: (Intellectual Property Watch), Managing trade secrets for… [read post]
24 Apr 2008, 8:35 am
The Bureau thereby employed its own ex-pertise and performed its own independent analysis of how mitigation and minimization efforts would ensure compli-ance with ESA § 7. [read post]
21 Apr 2008, 6:25 pm
And it's not clear on what constitutional basis a federal law banning travel would rest on. [read post]
21 Apr 2008, 3:37 am
As I have described previously, the National Surveillance State emphasizes ex ante prevention over ex post criminal prosecution. [read post]
17 Apr 2008, 12:22 pm
The Court was clear that a refuge would not always be considered as reasonable to continue to occupy. [read post]
14 Apr 2008, 11:34 am
McBride, No. 06-7550 Denial of a petition for a writ of habeas corpus is affirmed in part where petitioner was not denied the effective assistance of counsel, but vacated where the state circuit court contravened his Sixth Amendment confrontation right by applying a per se rule restricting cross-examination of the prosecution's expert under a rape shield law. [read post]