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16 Feb 2016, 11:05 am by Ronald Mann
On the one hand, the Federal Circuit’s narrow and Procrustean standard makes it trivially easy for bad-faith infringers to escape scot-free – all they need do is find by the time of trial a single objectively reasonable defense. [read post]
14 Feb 2016, 2:40 pm by familoo
The judges who made the orders genuinely thought the orders were in their best interest, made in good faith and after conscientious application of s1 Children Act 1989 (in which the welfare of children is paramount). [read post]
11 Feb 2016, 1:15 pm by Sam Turco
Under such plans a debtor’s payment is pegged to their actual current income level, and in Barrett’s present condition the payment would have been zero. [read post]
11 Feb 2016, 12:12 pm by Lawrence B. Ebert
” In re Kao, 639 F.3d 1057, 1067 (Fed. [read post]
11 Feb 2016, 6:34 am by The Federalist Society
” The question in this case is whether the Fifth Circuit’s re-endorsement of the University of Texas at Austin’s use of racial preferences in undergraduate admissions decisions can be sustained under this Court’s decisions interpreting the Equal Protection Clause of the Fourteenth Amendment, including Fisher I. [read post]
11 Feb 2016, 3:56 am by SHG
  Even if we ignore the presentism of denigrating the Founding Fathers in light of today’s favored progressive virtues, would we prefer to put our faith in these law professors’ vision of the Constitution? [read post]
10 Feb 2016, 12:42 pm by Lawrence B. Ebert
In Transweb v. 3M, Seth Waxman argued for the appellant 3M, but the CAFC affirmed the judgment of Judge FaithS. [read post]
6 Feb 2016, 3:50 am by SHG
They insist they’re right, which is the great equalizer between thought and feelings. [read post]
4 Feb 2016, 6:35 pm by The Blog Team
Appellants sought to demonstrate their good faith reliance on the advice of their accountant, but the district court precluded that effort. [read post]
4 Feb 2016, 12:39 pm by Eugene Volokh
But it’s possible that some patients (especially in rural areas, a point the panel opinion makes) might find that there are few doctors around, especially if they’re looking for specialists. [read post]
3 Feb 2016, 9:01 pm by Marci A. Hamilton
No one’s going to take away my right, and your right, to live out the teachings of your faith. [read post]
3 Feb 2016, 1:09 pm by Orin Kerr
But if we’re applying the Wong Sun fruits test, the connection between the violation and discovery of the evidence strikes me as pretty tight. [read post]
3 Feb 2016, 12:28 pm by Goldfinger Personal Injury Law
While you have the best of intentions, the reality is that you’re simply playing in to the insurance company’s hands. [read post]