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16 Dec 2015, 2:33 pm by Steve Vladeck
United States, and the extent to which the Court may need to use an application for extraordinary relief (perhaps including an "original" writ of habeas corpus) to resolve that split--given (1) the unavailability of certiorari to review denials of second-or-successive habeas petitions; (2) government's agreement that Johnson may be retroactively enforced; and (3) the one-year statute of limitations, which likely requires all Johnson-based claims to be filed… [read post]
13 Jun 2020, 8:38 am by Eric Goldman
May 29, 2020) The post Fortnite Defeats Another Lawsuit Over Emote Dance Moves–Brantley v. [read post]
11 Jul 2022, 4:30 am by Lawrence Solum
But after TransUnion, the Supreme Court may have eliminated the ability of Congress to use statutory damages to enforce such rights. [read post]
22 May 2012, 7:58 am by WOLFGANG DEMINO
Common-law defenses may not be used to defeat claims brought under a statute that was not designed to be a codification of the common law. [read post]
4 Dec 2007, 11:24 am
Louisiana (06-10119) may live in history as a case about using O.J. [read post]
5 Aug 2009, 8:01 am
” As they frequently remind us, corporate actions “may be lawful and yet inequitable” -- hence subject to judicial intervention. [read post]
  This test was considered in the House of Lords in British Coal Corporation v Smith and others [1996] ICR 515. [read post]
17 Aug 2011, 8:24 am by Allan Erbsen
The Supreme Court's recent plurality opinion in McIntyre Machinery, Ltd. v. [read post]