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14 Feb 2012, 12:42 am
Smith, 494 U.S. 872 (1990), excerpted below. [read post]
13 Feb 2012, 4:19 am
By popular request, here in one place are Smith’s Leave To Appeal Application, Inco’s response, and Smith’s Reply. [read post]
12 Feb 2012, 11:26 pm
Smith argued that the EIS was legally adequate, asserting that the majority’s interpretation represents an “inappropriate and substantial shift in our NEPA jurisprudence” by “freely allowing courts to substitute their judgments for that of the agency. [read post]
12 Feb 2012, 2:37 pm
On post-foreclosure referral… Even after a loan has been referred to foreclosure, the borrower has 30 days after attorney letter is sent, to submit a loan modification application, in which case servicer must not seek a foreclosure judgment or sale until it completes review and determination of the application. [read post]
12 Feb 2012, 10:42 am
Emergency Jurisdiction Continues Under UCCJEA for More than Three Years Where Family Court Not Satisfied With Steps to Protect Children Taken by Home State of New Mexico Court In Matter of Bridget Y, --- N.Y.S.2d ----, 2011 WL 6848352 (N.Y.A.D. 4 Dept.), a 3-2 decison, the primary issue raised was whether Family Court properly exercised temporary emergency jurisdiction over the children pursuant to Domestic Relations Law 76-c (3). [read post]
11 Feb 2012, 9:51 am
If you have too little money to develop your application, that raises hurdles of uncertainty, keeping inventor engage—but if discovery has immediate commercial application and research uses, the costs of restricting it go up. [read post]
11 Feb 2012, 1:08 am
Supreme Court in 2003's Smith v. [read post]
10 Feb 2012, 6:14 pm
Smith: that litigants must be able to engage in “an adversary presentation. [read post]
10 Feb 2012, 11:40 am
Brad Smith explains: “In fact, Citizens United’s holding that independent expenditures are not “corrupting” is not a statement of fact, but a statement of law. [read post]
10 Feb 2012, 10:22 am
Smith, written by none other than Antonin Scalia, that religious believers and institutions are not entitled to an exemption from generally applicable laws. [read post]
9 Feb 2012, 6:48 pm
This is where banks themselves or their contractors sign legal documents to file in court swearing under oath that the facts are true and therefore support the legal application to take someone's home away from them, i.e., foreclose.Can you think of anything more despicable? [read post]
9 Feb 2012, 6:47 pm
Yves Smith, The Top 12 Reasons Why You Should Hate the Mortgage Settlement: We’ve now set a price for forgeries and fabricating documents. [read post]
9 Feb 2012, 4:38 pm
What are Judge Smith's suggested changes? [read post]
9 Feb 2012, 4:06 pm
In the meantime, Congress passed the Leahy-Smith America Invents Act (“AIA”) (Pub. [read post]
9 Feb 2012, 1:07 pm
A couple months ago this blog highlighted an intriguing recent article by Jonathan Masur titled Patent Inflation (original post) that presented a model for what the author has observed as a trend of expanding boundaries of patentability. [read post]
9 Feb 2012, 3:30 am
Smith v. [read post]
9 Feb 2012, 3:30 am
Smith v. [read post]
9 Feb 2012, 12:47 am
Here's the quote from their application to vacate the stay.The State of Ohio and its execution team take seriously the duty to perform executions constitutionally and according to the protocol. [read post]
8 Feb 2012, 9:00 pm
In particular, AIA § 8 permits any third party to submit for the Office's consideration and inclusion in an application's file "any patent, published patent application, or other printed publication of potential relevance to the examination of the application," provided that the submission is made: before the earlier of - (A) the date a notice of allowance under section 151 is given or mailed in the application for patent; or (B) the later… [read post]
8 Feb 2012, 9:00 pm
In particular, AIA § 8 permits any third party to submit for the Office's consideration and inclusion in an application's file "any patent, published patent application, or other printed publication of potential relevance to the examination of the application," provided that the submission is made: before the earlier of - (A) the date a notice of allowance under section 151 is given or mailed in the application for patent; or (B) the later… [read post]
