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9 Jun 2015, 7:52 am
He at least makes the effort to frame an argument. [read post]
6 Dec 2022, 4:00 am
At one point, Justice Thomas asked whether the public accommodations laws of centuries past applied "to speech . . . or expressive conduct. [read post]
6 Apr 2021, 12:34 pm
Justice Thomas's dissent is replete with this same concern. [read post]
7 Mar 2019, 5:30 am
Much of that debate was a political and economic one about desirable public policy, but some of that debate wound up being framed in constitutional terms. [read post]
23 Sep 2019, 3:23 am
Eleonora recalled the CJEU decision in Painer (C-145/10) which discusses originality in photographs being the creative choices of the photographer as to e.g. framing, lighting, angle, atmosphere and post production changes. [read post]
29 Oct 2014, 4:16 pm
Thomas Jefferson invented (and used) a wheel cypher. [read post]
12 Apr 2019, 12:30 pm
Two Justices, Thomas and Gorsuch, announced their dissent. [read post]
20 Jun 2024, 12:31 pm
But it correctly frames the overruling of Pollock in the following way: “the Sixteenth Amendment expressly confirmed what had been the understanding of the Constitution before Pollock” (p.7), that Congress has the power to tax income, including “income from property,” without running afoul of the direct tax clause and its unworkable apportionment requirement. [read post]
15 Jun 2019, 8:00 am
But I have problems with this framing along several dimensions. [read post]
12 Feb 2024, 7:39 pm
Few if any examples exist, but not for reasons Thomas supposed. [read post]
28 Jun 2016, 11:49 am
In the decades after that, many state constitutions were framed precisely this way. [read post]
30 Apr 2013, 2:49 am
Topics include the justification for intellectual property as property, the historical development of intellectual property rights as property rights and whether intellectual property can be conceptually framed as a property right. [read post]
23 Jun 2009, 6:37 am
How else can one explain the verdict in the second trial of Jammie Thomas-Rasset? [read post]
16 May 2024, 9:49 pm
Justice Thomas framed the issue in the case narrowly—the scope of the appropriations clause—a framing that let him sidestep all of Justice Alito's fears about a Stuart Restoration (although it would be fun if we could all dress like Captain Hook...). [read post]
24 Jun 2014, 7:18 am
Yet Thomas’s presentation of Mayo, his framing of the Court’s prior precedent, and his application of Mayo to Alice’s claims all indicate that Alice endorses the last aspect of Mayo: that a claim must do more than set forth a fundamental principle and add a generic instruction to “apply it. [read post]
16 Oct 2020, 12:08 pm
” Thomas added a question about someone hit by “a snowball. [read post]
11 Jul 2011, 7:00 am
Susskind and Thomas-Larmer1 have pointed out that since the 1970s and ’80s, assessments have been used as preludes to intervening in disputes. [read post]
8 Aug 2023, 8:11 pm
Justices Thomas, Alito, Gorsuch, and Kavanaugh would have denied the application for a stay. [read post]
15 Dec 2017, 4:00 am
Thomas Edison believed his phonograph would be used primarily to record the last-minute bequests of the dying. [read post]
2 Jun 2022, 9:48 am
(relisted after the April 14, April 22, April 29, May 12, May 19 and May 26 conferences) Thomas v. [read post]
