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12 Jun 2017, 8:38 am
It's yet another patent law case from the Federal Circuit, but it is no ordinary question presented--at least for patent and administrative law scholars (and constitutional law and federal courts scholars): Whether inter partes review—an adversarial process used by the Patent and Trademark Office (PTO) to analyze the validity of existing patents—violates the Constitution by extinguishing private property rights through a non-Article III forum without a... [read post]
12 Jun 2017, 5:22 am
Third Circuit: The agent did indeed behave wrongfully, but there’s no constitutional violation. [read post]
12 Jun 2017, 3:18 am
However, the mere preparation and publication of future plans (assuming her paper was published) do not constitute use in commerce. [read post]
10 Jun 2017, 5:58 am
Adrian Vermeule argued that the use of Morrison v. [read post]
9 Jun 2017, 11:28 am
It extends to “all instruments that constitute bearable arms. [read post]
9 Jun 2017, 9:48 am
Justice Thomas issued a temporary stay yesterday to allow the full court to consider a new petition. [read post]
8 Jun 2017, 3:11 pm
The defendant argued that the evidence was “potentially useful. [read post]
8 Jun 2017, 12:59 pm
Jones, in which the Supreme Court held that installing a GPS tracking device on a vehicle to track its movements constitutes a search under the Fourth Amendment. [read post]
8 Jun 2017, 10:36 am
The petition in North Carolina v. [read post]
8 Jun 2017, 7:00 am
” The plaintiffs alternative argument—that verb use automatically constitutes generic use—was equally unpersuasive. [read post]
8 Jun 2017, 6:03 am
The use of this feed anywhere else violates copyright. [read post]
7 Jun 2017, 11:34 am
Sessions 16-983 Issue: Whether, as used in 18 U.S.C. [read post]
7 Jun 2017, 7:24 am
Almost immediately, the Justices turned to the separate petition raising the partisan claim. [read post]
6 Jun 2017, 5:29 pm
That is the argument pressed in the new petition, in the case of Janus v. [read post]
6 Jun 2017, 3:25 pm
Lastly, the court reviews Carpenter’s two constitutional arguments regarding his sentence: first, that it is so disproportionate to his crimes as to be a violation of the Eighth Amendment, and second, that the use of mandatory minimums in calculating the sentence violated constitutional separation of powers. [read post]
6 Jun 2017, 10:56 am
Co-authored by Kara Goodwin and Noah Finkel Pending before the United States Supreme Court is a petition for writ of certiorari asking the Court to determine whether an employer may use payments for bona fide meal periods as an offset/credit against compensable work time. [read post]
5 Jun 2017, 1:39 pm
Casto’s book Foreign Affairs and the Constitution in the Age of Fighting Sail was cited in the following article: John L. [read post]
5 Jun 2017, 1:37 pm
Subsequently, in November 2014, Association of Irritated Residents (AIR), CBD and Sierra Club filed their writ petition in Kern County challenging the adequacy of DOGGR’s CEQA compliance with respect to its issuance of 214 individual drilling permits in the South Belridge Oil Field. [read post]
5 Jun 2017, 11:15 am
It’s impossible to use any of these technologies without sharing data with third parties, but choosing to rely on 21st-century technology shouldn’t mean we have to relinquish our constitutional rights. [read post]
5 Jun 2017, 10:15 am
The ACLU — along with the ACLU of Michigan and Carpenter’s defense attorney Harold Gurewitz of Gurewitz & Raben, PLC — petitioned the Supreme Court for review, leading to today’s decision to hear Carpenter v. [read post]
