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27 Jun 2019, 9:46 am
” This inquiry “does not reduce to any exhaustive test,” but does rely on “some especially important markers. [read post]
27 Jun 2019, 8:36 am
Chief Justice John Roberts was the swing voter, supporting Auer only on the basis of stare decisis. [read post]
27 Jun 2019, 8:30 am
Why, then, does the Auer debate break out along familiar ideological lines? [read post]
27 Jun 2019, 8:28 am
"The evidence tells a story that does not match the explanation (Commerce Secretary Wilbur Ross) gave for his decision," Roberts wrote. [read post]
27 Jun 2019, 4:09 am
Gorsuch is right that this was supposed to be the easy case, and the result here does not bode well for the harder cases coming down the pike. [read post]
27 Jun 2019, 3:27 am
American Humanist Association, in which the court held that a 40-foot cross honoring World War I veterans on public land in Maryland does not the violate Constitution’s bar on establishing religion, observing that “[t]hose favoring the cross’s continued existence (like me) may be cheering this case’s outcome, but if Establishment Clause law was confusing before, it is now downright baffling. [read post]
26 Jun 2019, 7:05 pm
Who does that? [read post]
26 Jun 2019, 6:18 pm
“John Roberts Isn’t the Conservative You Thought He Was; The chief justice joins with liberal justices out of respect for precedent; Does this tell us how he might vote on abortion? [read post]
26 Jun 2019, 2:29 pm
But he does not read from it in court. [read post]
26 Jun 2019, 1:44 pm
Now, how does this play out in the case of Auer deference? [read post]
26 Jun 2019, 10:20 am
Chief Justice John Roberts agreed with the court’s decision not to overrule Auer and its discussion of the limits on Auer deference going forward. [read post]
26 Jun 2019, 3:26 am
It wasn't even clear that the declarants understood that the subject matter of the mark was the design impression made in the snow.TrackFin has "used" the mark for at least 20 years, but of course that fact alone does not establish distinctiveness. [read post]
25 Jun 2019, 3:00 am
– John Jenkins [read post]
24 Jun 2019, 7:44 pm
John Fund Inc. v. [read post]
24 Jun 2019, 1:42 pm
And so does Sotomayor, joined by Breyer. [read post]
24 Jun 2019, 10:06 am
Sikkelee; John Elwood, the author of this blog’s Relist Watch, is among the counsel to the petitioner in the Georgia case. [read post]
24 Jun 2019, 5:15 am
But they didn’t. [read post]
24 Jun 2019, 3:55 am
Smith, in which the court held that the clock on the time to file a federal civil rights claim based on fabrication of evidence in criminal proceedings does not start to run until the criminal proceedings end in the claimant’s favor, “[i]t is … crucial that a section 1983 plaintiff identify with some specificity just what is challenged as unconstitutional and under what constitutional provision. [read post]
24 Jun 2019, 2:24 am
Accordingly, the Board found the thirteenth du Pont factor to be neutral.Conclusion: Finding that the weakness of the registered mark did not outweigh the other relevant du Pont factors, the Board affirmed this Section 2(d) refusal to register.Read comments and post your comment here.KKM comment: Looks like the Board wasn’t willing to throw Applicant a bone in this case.Text Copyright Kira-Khanh McCarthy and John L. [read post]
23 Jun 2019, 7:00 am
However, an intervention does not preclude interdiction. [read post]
