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5 Sep 2022, 8:55 am
Here is the abstract: McCulloch v. [read post]
5 Sep 2022, 8:32 am
Cicenia v. [read post]
5 Sep 2022, 8:00 am
Clanton v. [read post]
5 Sep 2022, 6:32 am
” The report was about the powerful federal government making an example of a small organic Amish farmer. [read post]
5 Sep 2022, 6:30 am
Article V of the Constitution lays out two mechanisms for amendment. [read post]
5 Sep 2022, 5:25 am
Part V unpacks the selectivity argument in light of recent international action against Russian aggression in Ukraine. [read post]
5 Sep 2022, 5:01 am
With sharp partisanship making that path near impossible, backers of the convention idea now hope to harness the power of Republican-controlled state legislatures to petition Congress and force a convention they see as a way to strip away power from Washington and impose new fiscal restraints, at a minimum. [read post]
5 Sep 2022, 4:58 am
., Inc. v. [read post]
5 Sep 2022, 3:54 am
They hope to take advantage of a never-used aspect of Article V, which says in part that Congress, “on the application of the legislatures of two-thirds of the several states, shall call a convention for proposing amendments. [read post]
4 Sep 2022, 11:30 pm
This blog was co-authored by: Kristen de Wet, Candidate Attorney In Siemens Proprietary Limited v PRSA , the court confirmed that the doctrine of estoppel cannot render an agreement enforceable if it is invalid. [read post]
4 Sep 2022, 3:53 pm
In his controlling opinion in NFIB v. [read post]
4 Sep 2022, 6:30 am
Increasingly, the Court has used this power to displace the considered judgment of elected officials, such that a proper recalibration of the judicial power relative to the other branches has become essential. [read post]
4 Sep 2022, 3:50 am
Norma Rae (1979), 20th Century Fox. [read post]
3 Sep 2022, 10:38 pm
The interviewers started with some basic questions about the recent IP Bridge v. [read post]
3 Sep 2022, 6:57 am
The IPKat is pleased to learn that, at least according to the General Court, Kats are indeed like tigers.In a judgment (Case T‑251/21 Tigercat Inc v EUIPO) released earlier this summer, the General Court held indeed that there was a likelihood of confusion, pursuant to Article 8(1)(b) of Regulation 2017/1001 (EUTMR), between the word mark ‘Tigercat’ and Caterpillar’s earlier word EU trade mark (EUTM) ‘Cat’ and figurative EUTM below:It reasoned that, in… [read post]
2 Sep 2022, 6:08 pm
This is also consistent with the California Supreme Court’s holding in Ross v. [read post]
2 Sep 2022, 5:00 am
In West Virginia v. [read post]
2 Sep 2022, 4:30 am
I think this contrast is revealing, though not for the power of the substantive argument. [read post]
2 Sep 2022, 12:30 am
Ct, Mynors Ch. at 108 was too narrow; it did not accept the view that: “churchwardens’ powers are limited to acquiring and dealing with property for purposes which are principally concerned with worship and mission; or its corollary that the churchwardens ought therefore to dispose of property that is not capable of being applied for such purposes [35]”. [read post]
1 Sep 2022, 8:39 pm
In the first, Morales v. [read post]