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5 Oct 2010, 9:55 pm
The answer would be to introduce what I have been advocating for years but what did not seem to interest Lord Justice Jackson, namely one or more regional Senior Courts Costs Offices. [read post]
4 Jan 2012, 12:55 pm
More particularly, Levinson asks why Prigg v. [read post]
13 Jun 2014, 2:22 pm
In March, the unanimous Supreme Court decision in Lexmark International v. [read post]
17 Aug 2021, 6:30 am
Pfander dubs this the Marshall-Story formulation because of its canonical formulations in Chief Justice Marshall’s opinion for the Court in Osborn v. [read post]
28 Nov 2011, 9:02 am
Let me begin by filling in some background.In 1993, the Supreme Court of Hawaii decided the case of Baehr v. [read post]
4 Sep 2024, 2:07 pm
Garner, Reading Law: The Interpretation of Legal Texts 192 (2012) (discussing the "predicate-act canon"). [read post]
20 Jan 2023, 8:00 am
Sawyer, which is the canonical judicial text on separation of powers. [read post]
10 Mar 2015, 9:01 pm
One difficulty is that, as the Supreme Court stated in the 1987 case of South Dakota v. [read post]
29 Oct 2013, 8:20 pm
Notes for: --Marbury v. [read post]
24 Jan 2025, 6:00 am
The Department of Justice has made an argument rooted in the “Indians not taxed” clause contained in Section 2 of the Fourteenth Amendment and Elk v. [read post]
28 Jul 2022, 6:56 am
The possibilities for murder in the cathedral grow as justices brin [read post]
4 May 2021, 1:42 am
In November 2020, the Dusseldorf Regional Court decided to refer to the Luxembourg-based Court of Justice of the European Union (CJEU) two sets of legal questions: one about the component-level licensing of standard-essential patents (SEPs) and another about the application of the Huawei v. [read post]
17 Jun 2022, 7:55 am
In Chandler v. [read post]
27 Mar 2017, 4:48 am
Some people are cheering and some people are shrugging in the wake of the Supreme Court’s decision last week in Star Athletica v. [read post]
21 Jan 2025, 6:30 am
While historical gloss draws inspiration from Justice Frankfurter’s concurring opinion in Youngstown Sheet & Tube Co. v. [read post]
29 Apr 2015, 4:46 pm
— Justice Ruth Bader Ginsburg Oral arguments in Williams-Yulee v. [read post]
7 Jan 2019, 9:30 pm
Cabranes of the United States Court of Appeals for the Second Circuit in 2017-2018. [read post]
5 Jan 2015, 7:32 am
This issue is not dissimilar, in the eyes of this Kat, to that raised in the German litigation leading to the ruling of the Court of Justice in Case C-39/97 Canon v MGM back in 1998, involving blank tapes and those on which films were recorded.No joke. [read post]
18 Apr 2007, 8:20 pm
The post: Just as in every other Supreme Court nomination, the ScAlito nomination has at its center the issue of Roe v. [read post]
15 Dec 2010, 5:52 pm
[author's note - This is actually a great example of one of the canons of Supreme Court argument construction in action - if the Court rejects your broad theory, adopt a narrower one that still applies in your case.] [read post]
