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16 Oct 2022, 9:02 pm by Vikram David Amar
” In context, this word generally (as in Articles I and II) means a state’s lawmaking system—as the Supreme Court has repeatedly held in a century-old line of cases from Ohio ex rel Davis v. [read post]
24 Apr 2011, 4:18 am by Mandelman
Kramer’s own words, as I included in my article: As we discussed, I became aware of the mass mailing piece bearing my firm’s name when I saw it on your website. [read post]
24 Mar 2016, 9:01 pm by Vikram David Amar and Michael Schaps
But last week the Ninth Circuit decided a case that shows how tricky government consideration of race can be, and how lower court judges sometimes make missteps in this complex area.The case is Mitchell v. [read post]
2 Dec 2019, 7:52 am by Joel R. Brandes
Such hearing shall only be held if:(i) the person is related to the child as described under paragraph (a), (b), or (c) of subdivision three of section four hundred fifty-eight-a of the social services law;(ii) the child has been temporarily removed under this part, or placed pursuant to section one thousand fifty-five of this article, and placed in non-relative foster care;(iii) the relative indicates a willingness to become the foster parent for such child and has not refused previously to be… [read post]
29 Jun 2009, 10:45 pm
Teenie Weenie Wins Split Decision Over Paddington in TTAB 2(d) Battle-of-the-Bear-DesignsDivided TTAB Panel Disagrees over Doctrine of Equivalents, Reverses 2(d) Refusal of "ALLEZ FILLES! [read post]
30 Jul 2016, 7:50 pm by The Blog Team
Davis, — F.3d —, 2016 WL 3245043 (9th Cir. 2016) (en banc) (Marks rule, Fair Sentencing Act) The en banc court needed to decide “how to interpret the Supreme Court’s fractured opinion in Freeman v. [read post]
16 Dec 2013, 6:36 am by Marty Lederman
§ 4980H(a), which bears the appropriate title “Shared responsibility for employers. [read post]
7 Mar 2023, 6:30 am by Guest Blogger
  If this seems too bleak a view of the Court, consider that this is exactly what the Court did in Vega v. [read post]
27 Dec 2019, 7:55 am
” This overbroad formulation is a far cry from the definition set forth by the Supreme Court in Davis v. [read post]
30 Jun 2015, 4:13 am by Rebecca Tushnet
 Jennifer Davis persuasively argues that changing economic and social conditions allowed the courts, in trade mark cases, to abandon a view of consumers as heterogeneous and divided by class, education and income and instead to assume the existence of an average consumer whose perceptions were key. [read post]