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4 Mar 2019, 3:25 pm by Daniel Hemel
Ginsburg’s majority opinion credits BNSF’s account of its own motives and grants the railroad’s wish for a tax hike. [read post]
28 Feb 2019, 5:42 am by Eugene Volokh
Yes, said an Ohio Court of Appeals majority opinion, reasoning that the speaker's past speech "was not engaged in for a legitimate reason, but instead for an illegitimate reason born out of a vendetta seeking to cause mental distress to his mother and sister and to exact personal revenge. [read post]
23 Feb 2019, 12:35 pm by admin
The Relevance and Admissibility of Rezoning and Comparable Sales Occurring After the Date of Taking, When Determining the Value of Condemned Property by Alan T. [read post]
21 Feb 2019, 4:00 am by Administrator
Periodically on Thursdays, we present a significant excerpt, usually from a recently published book or journal article. [read post]
8 Feb 2019, 10:30 am by Kent Scheidegger
His complaint came "too late to avoid the inevitable need for a stay of execution," so a stay is not granted. [read post]
6 Feb 2019, 12:53 pm by Daniel Tokaji
Three-judge district courts granted relief in both cases. [read post]
29 Jan 2019, 11:48 am by Jason Rantanen
To avoid this harsh consequence, Department of Homeland Security prosecutors administratively closed some cases, immigration judges granted continuances for unusually long periods in hopes that the law would change, and US Customs and Immigration enforcement officials granted requests for deferred action. [read post]
23 Jan 2019, 4:07 am by Edith Roberts
Amy Howe reports for this blog, in a post that first appeared at Howe on the Court, that the justices also granted a request by an unnamed corporation to file a cert petition under seal in a case arising out of a subpoena thought to be connected to Special Counsel Robert Mueller’s investigation. [read post]
15 Jan 2019, 2:48 pm by Kevin LaCroix
In the following guest post, Paul Ferrillo, Robert Horowitz, and Steven Margolin of the Greenberg Traurig law firm take a look at the Blue Apron decision and examine whether or not Congress will act to eliminate concurrent state court jurisdiction for state court claims. [read post]
14 Jan 2019, 2:40 am by Camilla Alexandra Hrdy
While some might think only the former, Robert Merges would likely suggest the proviso is representative of a "midlevel principle" in favor of "proportionality" in calibrating IP rights—i.e., the requirement that "the grant or reward be proportional to effort or contribution. [read post]
9 Jan 2019, 3:29 am
Each member of the panel were first invited to comment on the plausibility aspect of the decision.Judge Edgar F. [read post]