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16 Mar 2017, 7:42 pm by Patricia Wald
Simmons, 543 U.S. 551, 577 (2005): “It is fair to say that the United States now stands alone in a world that has turned its face against the juvenile death penalty. [read post]
16 Mar 2017, 6:24 pm by Benjamin Wittes, Quinta Jurecic
Judge Chuang’s ruling early this morning in International Refugee Assistance Project v. [read post]
16 Mar 2017, 3:35 pm by Florian Mueller
Stalling is something else: even though the Chief Justice of the United States had granted Samsung an extension until March 29 for a petition for writ of certiorari (request for Supreme Court review) relating to the second California Apple v. [read post]
16 Mar 2017, 11:49 am
Classic Judge Reinhardt.The Ninth Circuit denied the government's request to stay the district court's order that restrained the implementation of President Trump's "travel ban," and the United States subsequently dismissed its appeal. [read post]
16 Mar 2017, 7:31 am by John Bellinger
  Although a panel of the Ninth Circuit had concluded in 2013 that the Kiobel decision had not adopted the “focus” test enunciated in Morrison v National Australia Bank, Judge Wilson holds that the Supreme Court’s 2016 decision in RJR Nabisco makes clear that the Morrison focus test does apply to the ATS and that the defendants’ alleged conduct in the United States was not the focus of Congress’s concern when it enacted… [read post]
16 Mar 2017, 5:12 am by SHG
In a dissent to the Ninth Circuit’s refusal to rehear Washington v. [read post]
16 Mar 2017, 4:00 am by Alan Macek
Justice Phelan noted that the United States Court of Appeal for the Federal Circuit had “destroyed this 25% rule” when it had stated “This court now holds as a matter of Federal Circuit law that the 25 percent rule of thumb is a fundamentally flawed tool for determining a baseline royalty rate in a hypothetical negotiation. [read post]
15 Mar 2017, 10:52 am by Charlotte Garden
Courts of Appeals for the 5th and 8th Circuits, as well as a handful of state courts, in answering “no. [read post]
15 Mar 2017, 3:30 am by Eric B. Meyer
Still, a special thank you to @IAmOxfordComma on Twitter, which reduced the First Circuit’s decision in O’Connor v. [read post]