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The court also held that DACA failed the first step in Chevron USA v Natural Res. [read post]
14 Sep 2021, 10:16 am by Thomas Kaufman and Harrison Thorne
On September 9, 2021, California’s Court of Appeal issued an important decision in Wesson v. [read post]
13 Sep 2021, 11:10 am
" Schauer points out that the fact that the Constitution is written does not preclude expansive and flexible interpretations--noting that Chief Justice Marshall suggested as much in McCulloch v. [read post]
13 Sep 2021, 9:46 am by Nedim Malovic
That close interconnection of the lines would lead the relevant consumer to perceive it as an abstract and unitary shape rather than as the capital letters ‘G’ and ‘T’. [read post]
13 Sep 2021, 4:22 am by SHG
He began, as so many do these days, with the Supreme Court’s shadow docket decision in Whole Woman’s Health v. [read post]
12 Sep 2021, 3:10 am by Annsley Merelle Ward
  On this third point, Mr Justice Birss (as he then was) provided an explanation as to the German injunction gap and the interaction with UK patent proceedings at [14]-[19] of his decision, summarizing previous decisions (HTC v Apple, ZTE, v Ericsson, Garmin v Phillips) where Mr Justice Arnold (as he then was) consistently expressed the view that the presence of a possible German injunction gap "was a factor to take into account". [read post]
11 Sep 2021, 3:15 pm by Jonathan H. Adler
[Why legal challenges to the new rule are more likely to focus on the details than on broad challenges to OSHA's authority. ] President Biden's announcement that the Occupational Safety and Health Administration (OSHA) will require large employers to mandate the vaccination or testing of their employees has already prompted a raft of commentary and controversy. [read post]