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19 Feb 2019, 7:55 am by Second Circuit Civil Rights Blog
So it's always news when the Second Circuit rules that a conviction was in fact unconstitutional, which is what happened here in this homicide case.The case is Orlando v. [read post]
18 Feb 2019, 11:10 am by MBettman
” United States v Salerno, 481 U.S. 739, 755 (1987). [read post]
18 Feb 2019, 8:01 am by Second Circuit Civil Rights Blog
And since RFRA contains an express right of action with an express provision for "appropriate relief," the initial three-judge panel faithfully applied that statute in holding the plaintiffs could sue the federal government for damages over the religiously-motivated no-fly determination.Writing for the pro-en banc judges, Judge Jacobs (joined by Judges Cabranes and Sullivan) writes that a comparable religious discrimination statute, the Religious Land Use and Institutionalized… [read post]
17 Feb 2019, 8:55 am by Walter Olson
And it’s a doozy, on New York’s “eccentric and abusive” ban on gun transport [Ilya Shapiro, Cato, Jacob Sullum (including headline), Dave Kopel (“eccentric and abusive”), Joyce Lee Malcolm on New York State Rifle and Pistol Association Inc. v. [read post]
10 Feb 2019, 4:05 pm by INFORRM
In the Intercept, Glenn Greenwald draws attention to the fact that Amazon is itself involved in the building of a surveillance state. [read post]
8 Feb 2019, 6:04 am
McIntosh, Wachtell, Lipton, Rosen & Katz, on Thursday, February 7, 2019 Tags: Accounting, Accounting standards, Board oversight, Boards of Directors, Compliance and disclosure interpretation, Financial reporting, GAAP, SEC, SEC enforcement, Securities enforcement, Securities regulation Amicus Brief of Law and Finance Professors in Verition Partners v. [read post]
6 Feb 2019, 6:12 am
| The IP term (thus far) of the millennium: the curious story of the adoption of "patent troll" and "internet trolling" | No pain, no gain: Plausibility in Warner-Lambert v Actavis | Testing the boundaries of subjectivity: Infringement of Swiss-type claims in Warner-Lambert v Actavis | Is SPINNING generic? [read post]
29 Jan 2019, 8:02 am
Luen Fat Metal and Plastic Manufactory Limited v Jacobs & Turner Limited t/a Trespass [2019] EWHC 118.BackgroundThe Claimant owns:a series of 3 UK word marks: FUNTIME, FUN TIME, and FUN-TIME in respect of “Class 28: Games, toys and playthings; electronic games”.an EU trade mark for the word FUNTIME for the same goods in class 28. [read post]
18 Jan 2019, 4:22 am
Mr Justice Nugee heard the application and what follows is taken from the transcript.He was keen from the outset to inspect the physical samples of the products, confirming the approach to registered design cases advocated by Sir Robin Jacob in Dyson v Vax:“What really matters is what the court can see with its own eyes. [read post]
24 Dec 2018, 3:02 am by Walter Olson
Indiana oral argument, Court seems sympathetic to idea of applying Excessive Fines clause to the states [Robby Soave, Jacob Sullum, Ilya Somin, earlier here, here, and here] Notwithstanding Justice Gorsuch and Kavanaugh’s interjections, there is and has been no uniform incorporation of the entire Bill of Rights against the states [Rory Little] Arizona Supreme Court should recognize that First Amendment protects right of calligraphic art studio not to be forced… [read post]