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19 Feb 2014, 8:31 pm
It is granted only with the prior opinion of the Supreme Court. [read post]
8 Feb 2014, 12:18 pm
So I would say that done right the 1A gives the right answers; somehow the California Supreme Court has gotten to say what the boundaries of the federal 1A are, and that’s the problem.A: relying on the 1A distracts us from developing the doctrine within itself. [read post]
27 Jan 2014, 3:29 pm
Read the California Supreme Court's opinion for more (excruciating) details.I was, however, a little bit surprised that the opinion was unanimous. [read post]
20 Jan 2014, 6:50 am
Daniel Webster is thought to have coined that phrase in his oral arguments in the Supreme Court case, McCulloch v. [read post]
9 Jan 2014, 10:59 am
Thus, as the consultation process progressed, the seminars became more efficient because of the availability of already-formulated resolutions that could be debated, re-drafted, and voted on as each group saw fit. [read post]
26 Dec 2013, 1:27 pm
Page references are to the slip opinion. [read post]
22 Dec 2013, 1:13 pm
It’s a bit of a monster of a case, which was transferred from the County Court to the High Court and, one suspects, is on its way to the Court of Appeal and quite possibly the Supreme Court. [read post]
22 Dec 2013, 1:13 pm
It’s a bit of a monster of a case, which was transferred from the County Court to the High Court and, one suspects, is on its way to the Court of Appeal and quite possibly the Supreme Court. [read post]
22 Dec 2013, 7:21 am
Opinions for the Court • Frank H. [read post]
17 Dec 2013, 8:23 pm
(Orin Kerr) The more I re-read Judge Leon’s opinion in Klayman v. [read post]
17 Dec 2013, 3:09 am
A case being petitioned for review by the Supreme Court will, if accepted, tell us a lot about the future of broadcasting. [read post]
17 Dec 2013, 3:09 am
A case being petitioned for review by the Supreme Court will, if accepted, tell us a lot about the future of broadcasting. [read post]
12 Dec 2013, 2:55 pm
The 2nd Circuit Court of Appeals clarified the standard under which the courts should be viewing the DMCA “safe harbor” provision [512(c)], and remanded. [read post]
6 Dec 2013, 9:19 am
The decision comes from In re Pelvic Mesh/Gynecare Litig., No. [read post]
29 Nov 2013, 2:44 am
In its answer to the complaint, Google raised some open source issues that were presumably directed at the court of public opinion rather than the court of law. [read post]
14 Nov 2013, 7:41 am
Id. at 67992.Opinions can differ on whether or not it&rsq [read post]
21 Oct 2013, 5:30 am
Among other things, the Supreme Court has held that the government’s true end is irrelevant in rational basis cases, and the government need not support any of its factual assertions with evidence. [read post]
10 Oct 2013, 11:07 pm
(Will Baude) On Wednesday, the Supreme Court heard oral argument in Atlantic Marine v. [read post]
7 Oct 2013, 8:07 pm
Because the initiative process allowed citizens to register their opinions by direct votes, it promised to be a valuable alternative to representative government, which had become tainted by the influences of privileged interests and partisan politics. [read post]
24 Sep 2013, 6:00 am
Although certainly a fair amount of effort would be required by plaintiffs’ counsel to serve the subpoenas, and there would be costs involved in paying the process servers, etc., it seems odd that due process rights of absent class members to individual notice (as required under Supreme Court precedent) could be ignored simply because there is time and cost involved in serving hundreds of subpoenas. [read post]
