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31 May 2018, 9:01 pm by Vikram David Amar
If a state can’t regulate federal entities or employees in such a way as to frustrate accomplishment of federal policies, neither should it be able to regulate federal contractors, or individuals who otherwise voluntarily choose to cooperate or associate with the federal government, if the same frustration of federal policy would result.One way to appreciate the centrality of this supremacy principle is to imagine a converse partisan equation. [read post]
17 May 2018, 9:01 pm by Vikram David Amar
He is a co-author, along with William Cohen and Jonathan Varat, of a major constitutional law casebook, and a co-author of several volumes of the Wright & Miller treatise on federal practice and procedure. [read post]
9 May 2018, 11:52 am
Takeaway: Bucking decades of settled precedent and USPTO guidance, the Patent Board rejected claims reciting computer-readable media (CRM) as subject-matter ineligible software per se and printed matter, even as it reversed Alice rejections of the same claims.Note: This is the second of two posts covering the same PTAB decision. [read post]
3 May 2018, 9:01 pm by Vikram David Amar
Supreme Court and lower court case law is extremely underdeveloped here—leading Erwin to suggest we don’t really know what the rules are going to be. [read post]
3 May 2018, 11:23 am by Cullie Burris
PRE & POST CONVICTION LAW PUBLICATION CONSTRUCTIVE AMENDMENT OF AN INDICTMENT A constructive amendment occurs where “the indictment is altered to change the elements of the offense charged, such that the defendant is actually convicted of a crime other than that charged in the indictment. [read post]
22 Apr 2018, 7:55 am
But it doesn't answer my question other than to suggest that there is no way of knowing.IN THE COMMENTS: Curious George was able to find an 18-pitch at bat that ended in a home run, here. [read post]
18 Apr 2018, 11:32 pm by Ben Reeve-Lewis
Under consumer law, a renter who has been mis-sold their accommodation can now back out of a fixed term tenancy, known as “unwinding a tenancy”, in a way that they couldn’t before, simply because, instead of being tied into William the Conqueror style legislation as a vassal or serf, they are now regarded as consumers, with more rights than Windy Miller once had. [read post]
18 Apr 2018, 11:32 pm by Ben Reeve-Lewis
Under consumer law, a renter who has been mis-sold their accommodation can now back out of a fixed term tenancy, known as “unwinding a tenancy”, in a way that they couldn’t before, simply because, instead of being tied into William the Conqueror style legislation as a vassal or serf, they are now regarded as consumers, with more rights than Windy Miller once had. [read post]
18 Apr 2018, 9:01 pm by Vikram David Amar
Divvying up a state certainly could affect individual rights, but such a division is first and foremost a matter of structure: structure is literally all about the edifice, about how something is put together, about constituent parts and elements, and how they do—or don’t—fit together to form a whole: What is of greater importance to a state’s overall structure than its geographic boundaries? [read post]
13 Apr 2018, 4:30 am by Jon Hyman
We went to see our fav, Rhett Miller, who invited Norah to share the stage and duet with him. [read post]