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7 Oct 2014, 9:01 pm by Michael C. Dorf
Movement across such boundaries can sometimes serve as the predicate for federal regulation, even when the underlying subject matter is not directly related to economic activity. [read post]
1 Mar 2007, 4:33 pm
"We agree with Kramer on the fact that the authority of the Supreme Court (or any court for that matter) is constrained by their impression on us (and you, and everyone else) and our commentary at LawPundit proceeds in that spirit. [read post]
20 Jun 2017, 11:33 am by Lisa Ramsey
Companies can also register distinctive and nonfunctional product configurations, colors, scents, sounds, tastes, textures and other “nontraditional” subject matter used as trademarks if they communicate information about the source of products. [read post]
18 Jun 2021, 6:10 am by John-Paul Boyd, QC
Lord Thomas of Cwmgiedd, the former Lord Chief Justice of England and Wales, once fretted that the rise of arbitration in the commercial context had created “a serious impediment to the development of common law by the courts. [read post]
11 Jul 2020, 1:30 pm by John Malcolm
In both cases, Chief Justice John Roberts wrote the majority opinion, with Justices Samuel Alito and Clarence Thomas dissenting. [read post]
16 Jun 2008, 10:01 pm
Piccadilly Cafeterias, Inc. 2008 WL 2404077 (pdf), which not surprisingly (see prior post) restricted the stamp tax exemption only to postconfirmation transfers, the Court based its decision in large measure on the particular subchapter of the Bankruptcy Code in which §1146(a) is located (i.e., "Subchapter III - Postconfirmation Matters"). [read post]
18 Dec 2023, 12:48 am by Mark Keenan
Key cases, such as Thomas v Thomas [1995] 2 FLR 668, established that courts have the discretion to make orders affecting trusts in divorce settlements. [read post]
23 Jun 2022, 11:23 am by Ilya Somin
Whether we are talking about guns, speech, or other rights, there are going to be cases where, as a practical matter, it is impossible to prevent death by measures short of restricting the right itself. [read post]
19 Dec 2023, 10:35 am by Eric Goldman
In that vein, the dissent cites Justice Thomas’ anti-230 Malwarebytes statement SIX TIMES. [read post]
27 Jun 2011, 1:15 pm by Lyle Denniston
The third approach to the phenomenon of such games was that of Justice Clarence Thomas, who wrote a dissent speaking only for himself. [read post]
29 Jun 2023, 1:34 pm by Ilya Somin
None of this matters much if you think universities should be given broad discretion to use racial preferences, so long as it is for seemingly good motives. [read post]
29 Jun 2015, 7:55 am by Rory Little
Justice Clarence Thomas concurred only in the judgment, striking his own separate path as is often the case. [read post]
8 Oct 2008, 6:44 pm
 Yesterday, the Court heard oral argument in two Fourth Amendment cases involving the scope of the rules used to implement that provisions’ protection against unreasonable searches and seizures. [read post]
11 Aug 2023, 4:00 am by Jim Sedor
The criticism stems from expensive trips taken years ago by Justices Clarence Thomas and Samuel Alito Jr. underwritten by wealthy business executives and not disclosed in required annual financial reports. [read post]
1 Mar 2011, 9:42 pm by Richard D. Friedman
” Determining primary purpose is, of course, a very tricky matter, as Justice Thomas emphasized in his dissent in Davis and repeats here. [read post]