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29 May 2012, 6:53 am by Frank Pasquale
The self-reinforcing “Matthew Effect” described by Robert Merton takes hold: to those who already have much, more is given. [read post]
4 Dec 2008, 2:00 pm
"Cases in Delaware Chancery Court are assigned by Chancellor William B. [read post]
5 Dec 2017, 2:27 am by Keith Mallinson
The new US Department of Justice antitrust leader says antitrust enforcers are too accommodating to IP implementers when in dispute with standard-essential patent owners. [read post]
29 Jun 2012, 8:10 am by Gustavo Arballo
She will get no free ride or food, at the expense of another consumer forced to pay an inflated price. [read post]
19 Aug 2009, 5:27 pm
As we are now seeing, bad things can happen when the price or value of something is not known. [read post]
3 Sep 2021, 5:01 am by Peter Margulies
§1225(b)(2)(C)—that allows immigration officials to “return” certain new entrants to a country that is “contiguous” (bordering on) the United States while those foreign nationals await a full hearing before an immigration judge. [read post]
31 Aug 2014, 12:49 pm
(Pix (c) Larry Catá Backer 2014) Since 2010, I have been posting on the development of a new course I have been developing for our first year law school students, "Elements of Law. [read post]
18 Dec 2019, 10:02 pm by Josh Blackman
Judge Elrod first focuses on Part III-B, which established the predicate for the saving construction: In Part III-B, again joined by no other Justice, Chief Justice Roberts concluded that because the individual mandate found no constitutional footing in the Interstate Commerce or Necessary and Proper Clauses, the Supreme Court was obligated to consider the federal government's argument that, as an exercise in constitutional avoidance, the mandate could be read not as… [read post]
6 Mar 2015, 12:53 pm by MOTP
ARBITRABILITY OF HEALTH CARE LIABILITY CLAIMS IN TEXAS: FAA PREEMPTION AND MFA REVERSE PREEMPTION IN THE MED-MAL CONTEXT In an opinion released today, the Texas Supreme Court holds that the federal law that accords states the right to regulate the business of insurance (McCarran-Ferguson Act) does not furnish an exception to the general principle that the FAA (Federal Arbitration Act) preempts the TAA (Texas Arbitration Act) and other state arbitration laws when the two conflict, where the… [read post]
In the NFIB case, five justices decided Congress could not mandate the purchase of health coverage, but one of them, Chief Justice John Roberts, determined that the individual mandate could still pass muster if it were construed as a tax. [read post]