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4 Jan 2021, 9:43 am by Kyle Persaud
Article 6, Section 2 of the Constitution says, “This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding. [read post]
4 Jan 2021, 8:58 am by Cindy Cohn
The judge largely confirmed the charges against him, but ultimately determined that the United States’ extreme procedures for confinement that would be applied to Mr. [read post]
4 Jan 2021, 5:49 am by Ralf Michaels
Senior judges have repeatedly noted the excesses of the Spiliada regime, in terms of the time, expense and judicial resource spent in litigating questions about the appropriate forum (see, most recently, Lord Briggs in Vedanta Resources Plc v Lungowe [2019] UKSC 20, [6]-[14]), yet they and the rule makers have done little or nothing about it. [read post]
4 Jan 2021, 4:30 am by Franklin C. McRoberts
“These elements must be established by clear and convincing evidence” (Jones v State Farm Fire & Cas. [read post]
2 Jan 2021, 2:21 am by Florian Mueller
In my two previous posts today, I published and discussed Samsung's opposition to Ericsson's motion for a preliminary injunction and the accompanying sworn declaration by the former Chief Judge of the United States Court of Appeals for the Federal Circuit, Professor Randall R. [read post]
2 Jan 2021, 2:02 am by Florian Mueller
On December 28, Chief Judge Rodnay Gilstrap of the United States District Court for the Eastern District of Texas granted Ericsson an unprecedented--and in my view, outrageously overreaching--temporary restraining order (TRO) against Samsung's pursuit of a Chinese action intended to resolve a global FRAND rate dispute. [read post]
31 Dec 2020, 9:03 pm by Joshua Burd
Under the policy, non-Mexican asylum applicants who enter the United States at the nation’s southern border must wait in Mexico while their applications are processed. [read post]
31 Dec 2020, 9:01 pm by Austin Sarat
United States—”anticanonical,” but not infamous.Perhaps he avoided the language of infamy because his analysis was empirical, rather than normative. [read post]