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31 May 2017, 4:59 am
” At Written Description, Daniel Hemel and Lisa Ouellette observe that the opinion “opens the door for creative contract lawyers to draft licensing agreements that severely restrict resale of patented products” and that its impact “will depend on how courts view the newfangled licensing agreements that are almost certain to follow. [read post]
4 Oct 2023, 7:29 am
Eisen, Siven Watt, Joshua Stanton and Fred Wertheimer, The Untold Strength of Tax Crimes in Manhattan DA’s Case Against Former President Trump, Just Security (May 24, 2023) Daniel Hemel, The Question of Tax Fraud in Manhattan DA’s Case Against Former President Trump, Just Security (May 23, 2023) Karen Friedman Agnifilo interview by Paras Shah, The Just Security Podcast: An Indictment of Donald Trump, Just Security (March 31, 2023) Joshua Stanton, Norman L. [read post]
6 Jun 2018, 9:00 am
Professors Daniel Hemel and Eric Posner posited that “[i]f the president would have taken the challenged action for national security reasons or in executing his responsibility to take care that the laws are faithfully executed, then that fact should immunize him from obstruction liability,” even if other, improper motives are provable. [read post]
6 Apr 2018, 9:30 am
Hemel, The Living Anti-Injunction Act, 104 Va. [read post]
30 May 2017, 9:31 pm
Daniel Hemel and Lisa Larrimore OuelletteCross-posted at Whatever Source DerivedJudging by the media coverage, the Supreme Court’s decision today in Impression Products, Inc. v. [read post]
12 Jan 2019, 4:52 am
In response to Jack Goldsmith’s qualified defense of William Barr’s memo to the Justice Department criticizing the special counsel’s investigation into whether the president obstructed justice, Daniel Hemel and Eric Posner explained why they continue to believe Barr’s arguments are radical and wrong. [read post]
7 Mar 2017, 7:57 am
We will resume on Monday, March 20 with Daniel Hemel's The Federalist Safeguards of Progressive Taxation. [read post]
10 Jun 2016, 9:40 am
Daniel Hemel and I have compared the cost-based reward of R&D tax credits with the typical patent reward (in a paper Ted has generously reviewed), and it seems worth thinking more about whether and when it makes sense to move this cost-based reward into the patent system.Drew Amerson & Robin Feldman, Gatekeeping Trends in Reasonable Royalty Cases – This paper surveys Daubert decisions involving reasonable royalty determinations from Jan. 1, 2008 to May 31, 2016, and… [read post]
23 Jun 2020, 5:50 am
Key Findings In nearly two of every three households in America with dependents, more than one person works to make ends meet. [read post]
6 Nov 2018, 3:27 am
Daniel Hemel had this blog’s preview. [read post]
4 Dec 2018, 4:09 am
Daniel Hemel has this blog’s analysis of yesterday’s oral argument in Dawson v. [read post]
5 Mar 2019, 3:56 am
This blog’s opinion analysis comes from Daniel Hemel. [read post]
29 Sep 2017, 4:36 am
” Commentary on Epic Systems comes from Daniel Hemel at Slate, who argues that if the court rules for the employers, “the affected workers will—as a practical matter—find it nearly impossible to win back pay in cases involving wage law violations. [read post]
12 Jan 2018, 12:32 pm
I would be remiss if I didn’t note that Brian Galle, Daniel Hemel, and Darien Shanske have provided an excellent series of posts on these issues over at Whatever Source Derived. [read post]
17 Mar 2017, 5:31 am
Initial posts already up at the site include Presidential Bad Faith by Larry Tribe, Desuetude and Immigration Enforcement by Jamal Greene, See You In Court 2.0 by Leah Litman, Trump’s Approach to Crime & Punishment by Chiraag Bains, Faith in the Ninth Circuit by Daniel Hemel and Youngstown Zone Zero by Leah Litman and Ian Samuel. [read post]
28 Jun 2017, 3:59 am
Commentary comes from Marty Lederman at Just Security, Alex Aleinikoff at ForcedMigrationForum, Ilya Somin at The Washington Post’s Volokh Conspiracy blog, the editorial board of The New York Times, Will Baude at PrawfsBlawg, Michael Dorf at Justia’s Verdict blog, Moustafa Bayoumi in The Guardian, Daniel Hemel at Take Care, Amir Ali, also at Take Care, Corey Brettschneider in an op-ed in The New York Times, Stephen Sachs at PrawfsBlawg, and Ciara Torres-Spelliscy at the… [read post]
28 Nov 2017, 2:43 am
Daniel Hemel also notes at the Yale Journal on Regulation that, “The Federal Vacancies Reform Act is a ‘Federal law dealing with . . . officers. [read post]
16 May 2018, 4:27 am
” At Medium, Daniel Hemel observes that “[n]ot only did the Supreme Court strike down the federal law at issue, … but it also appears to have invalidated a broad swath of congressional limitations on state tax authority. [read post]
28 Jul 2022, 5:00 am
Hemel. [read post]
17 Jan 2019, 3:53 am
” At Politico Magazine, Daniel Hemel notes that Justice Ruth Bader Ginsburg’s recent health issues have reopened discussions about the drawbacks of life tenure for Supreme Court justices; he concludes that “[f]ixed terms, age caps, and forced retirement are all strong medicine for the problem of judicial disability,” and that “[i]n light of the flaws inherent in each, the better course of treatment is none at all. [read post]
