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14 Aug 2010, 5:09 am by Rebecca Tushnet
Chris Newman: W/r/t personality theory, why not just say that destroying a piece of art doesn’t distort its meaning and is thus not as great a harm to the artist? [read post]
9 Jul 2012, 1:11 pm
In practice, should not be understood to subvert the patent's constitutional mandate "[t]o promote the Progress of Science and useful Arts. [read post]
4 Feb 2008, 8:23 am
Though I haven't done exhaustive research, in every case I found, courts concluded that they lacked subject matter jurisdiction over the case when the issue arose in these circumstances. [read post]
2 Nov 2010, 1:40 am
The district court didn't buy that. [read post]
23 May 2017, 10:45 am by Russell Spivak
Subject Matter Jurisdiction and Standing Judge Garaufis begins his legal analysis with the court’s subject matter jurisdiction and the complainants’ standing. [read post]
25 Oct 2018, 8:03 am by Hilary Hurd, Elena Chachko
He stressed that "[t]he treaty is not working if it's only being respected by one side. [read post]
In particular, on Aug. 2, Corsi allegedly wrote to Stone, “Time to let more than [the Clinton Campaign chairman] to be exposed as in bed w enemy if they are not ready to drop HRC. [read post]
19 Jun 2023, 6:30 am by Guest Blogger
According to Professor Fritz, Madison differentiated between “the ordinary right of state legislatures to sound the alarm for perceived constitutional overreaching,” and “an ultimate interposition retained by the parties to the constitutional compact as a matter of theoretical principle. [read post]
11 Mar 2015, 9:10 pm
[The Jury’s Findings] [W]hile the jury made underlying determinations as to the differences between the asserted claims and the prior art, it did not address the ultimate legal conclusion as to obviousness. [read post]
22 Jul 2019, 10:26 am by Hadley Baker, Mikhaila Fogel
[redacted: harm to ongoing matter] while Trump and Gates were driving to LaGuardia Airport. [read post]
16 Aug 2013, 4:04 pm by Jamie Dierks
  According to the Court, “[w]hile such a scenario is possible, it is too attenuated and speculative to be reasonably foreseeable, and it does not require CEQA review prior to the promulgation of the Thresholds themselves. [read post]
5 Aug 2022, 5:01 am by Eugene Volokh
"[13] Nonetheless, it seems to me that there's a strong argument—as a First Amendment matter but even more so as a policy matter—in favor of some such limits on the political speech protection laws, when it comes to employees who speak on the employer's behalf to the public or to clients. [read post]
29 Dec 2023, 2:52 pm by Eugene Volokh
And this is why Westbrook's assertion that Keisel's comment was "racial" can't be proven to be true or false. [read post]
6 May 2024, 5:01 am by Eugene Volokh
But that usually doesn't suffice for pseudonymity, unless the plaintiff can show a serious (more than merely speculative) risk of physical harm stemming from being identified, or the case involves a purely legal rather than a factual challenge. [read post]