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6 Dec 2013, 8:37 pm by Corynne McSherry
As we explain: A law that grants a private actor the power to do what even a court cannot—cause the prior restraint of speech based on a purely ex parte review—alters not only the traditional contours of copyright protection but of our fundamental free speech doctrines. [read post]
22 May 2018, 7:38 pm by David E. Bernstein
For examples of state courts upholding child labor laws within a few years of the Lochner decision, see Ex Parte Weber, 149 Cal. 392 (1906); United Steel Co. v. [read post]
13 Dec 2013, 1:54 am
The Board noted that the cited registrations enjoy a presumption of validity, and that applicant's argument constitutes an impermissible collateral attack on the registrations that may not be considered in an ex parte context.Finally, Tsiyoni urged that purchasers of mobility devices are sophisticated and would exercise care in the purchasing decision. [read post]
11 Dec 2020, 12:58 pm by Anthony A. Fatemi, LLC
The property settlement agreement that the couple completed as part of their divorce case contained within it a clause entitled “Full Disclosure. [read post]
2 Nov 2020, 1:49 pm by Dennis Crouch
” At least some of the patents in the case are in the midst of ex parte reexaminations that have been ongoing for some time. [read post]
26 Apr 2012, 5:41 am by Joe Palazzolo
iStock Tipping their hand: Supreme Court justices on Wednesday challenged the Obama administration’s assertions that Arizona exceeded its powers by directing police officers to check the immigration status of people they stop, suggesting that at least part of the state’s effort to push out illegal immigrants could pass constitutional scrutiny. [read post]
20 Oct 2011, 9:50 pm by lawmrh
Indeed, the plaintiffs “acknowledge the contrary result” reached by the District of Columbia Circuit in a case also involving alleged presidential violations of the War Powers Clause and the War Powers Resolution. [read post]
13 Nov 2011, 10:25 am by Lawrence Solum
The ex ante/ex post distinction is all about normative perspective. [read post]
27 Feb 2019, 4:58 pm by Eugene Volokh
The part of the restraining order prohibiting Michael from posting about the case on Facebook does not meet this test. [read post]
5 Jun 2019, 7:32 am by Aditi Gupta
Under Order 39 Rule 3 of Civil Procedure Code,1908, grant of an interim ex parte injunction is provided which is not a rule but only an exception. [read post]
20 Mar 2010, 10:37 am by David P. Schwarz
California divorces are common among celebrities partly because of the entertainment industry's importance to our state and, in part, because California community property divorce laws make the jurisdiction attractive for wealthy couples in which earning power is concentrated with one half of the couple. [read post]
18 Mar 2017, 6:36 pm by Stephen Page
 The power of a family reportA family report writer is the second most powerful person that a parent will deal with in their court case, after the judge. [read post]
20 Jul 2016, 5:43 am by Steve Vladeck
Circuit judges) have conflated these two questions, is that the Article I and Article III questions sound similar: The Article I question is whether Congress has the power to define and punish inchoate conspiracy as an offense against the law of nations (or pursuant to its other war powers), whereas the Article III question is, at least according to the Supreme Court, whether inchoate conspiracy fits into the jury-trial exception identified in Ex… [read post]
14 Jun 2013, 8:05 am by Jim Gerl
  In a later installment, I discussed the seminal decision of TK & SK ex rel LK v. [read post]
28 Feb 2023, 6:20 am
A temporary ex parte order is issued without the alleged abuser present and usually lasts up to 20 days. [read post]