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11 Apr 2014, 10:50 am
Here’s the first part of ELSSCAP’s amicus brief on my behalf: I. [read post]
9 Apr 2014, 6:19 am
And, the good professor says, that's how it's supposed to work.First, Judge Facciola’s new opinion reminds me of why I think it is necessary for such reasonableness issues to be litigated ex post in the context of adversarial litigation rather than announced ex ante in response to ex parte warrant applications. [read post]
9 Apr 2014, 1:58 am
Here are two responses: First, Judge Facciola’s new opinion reminds me of why I think it is necessary for such reasonableness issues to be litigated ex post in the context of adversarial litigation rather than announced ex ante in response to ex parte warrant applications. [read post]
8 Apr 2014, 7:43 pm
concerning whether Lerner had waived her Fifth Amendment privilege on May 22, 2013, was approved on June 28, 2013. [read post]
8 Apr 2014, 2:24 pm
The question in this case is whether, when a post-indictment ex parte restraining order freezes assets needed by a criminal defendant to hire his attorney of choice, the Fifth and Sixth Amendments require a pre-trial hearing at which the defendant may challenge the evidentiary support and legal theory upon which the government relied to freeze the assets.In a 6-3 opinion delivered by Justice Kagan, the Court held that when challenging the legality of a pre-trial asset… [read post]
8 Apr 2014, 2:24 pm
The question in this case is whether, when a post-indictment ex parte restraining order freezes assets needed by a criminal defendant to hire his attorney of choice, the Fifth and Sixth Amendments require a pre-trial hearing at which the defendant may challenge the evidentiary support and legal theory upon which the government relied to freeze the assets.In a 6-3 opinion delivered by Justice Kagan, the Court held that when challenging the legality of a pre-trial asset… [read post]
8 Apr 2014, 7:57 am
The court’s analysis consisted of little more than quoting Ex Parte Yarbrough (1884) and asserting that Yarbrough stood for the power of Congress to regulate “elections. [read post]
8 Apr 2014, 4:15 am
In IPR2013-00289, the patentee filed a co-pending request for ex parte patent reexamination. [read post]
7 Apr 2014, 9:39 pm
Procedural History“The Patent and Trademark Office (“PTO”) conducted an ex parte reexamination of the ’453 patent and rejected claims 34–36 and 38 as obvious under 35 U.S.C. [read post]
7 Apr 2014, 5:18 pm
State of California ex rel 14th District Agricultural Association (3d Dist. 3/26/14) ___ Cal.App.4th ____, ___Cal.Rptr.3d ____, 2014 WL 1232608. [read post]
7 Apr 2014, 3:27 pm
” This broadly mirrored the case law, notably, R v Brent LBC, ex p. [read post]
7 Apr 2014, 3:27 pm
” This broadly mirrored the case law, notably, R v Brent LBC, ex p. [read post]
7 Apr 2014, 8:15 am
Jimmy Carter was in the middle of his one Presidential term, well before he perfected the role of long-time ex-President. [read post]
7 Apr 2014, 4:00 am
Internet access providers can set up a Usenet server to become part of the system and allow their subscribers to interact with Usenet, but the system otherwise functions independently from any one internet access provider—indeed, it operates independently from any individual or entity. [read post]
6 Apr 2014, 1:52 pm
Her order to show cause to stay her eviction, pending the determination of the instant petition, was signed by another Justice of this Court, in Part 72, the ex parte part, on December 15, 2009. [read post]
5 Apr 2014, 12:21 pm
But that may not be the case. [read post]
4 Apr 2014, 6:35 pm
To the contrary, section 6320 lists several types of nonviolent conduct that may constitute abuse within th [read post]
4 Apr 2014, 4:29 pm
CAA later narrowed its request through ex parte communications that specified that its proposed notification messages would be free to recipients and that the FCC possesses authority under the TCPA to exempt from the “prior express consent” requirement calls or text messages that “are not charged to the called party. [read post]
4 Apr 2014, 5:03 am
’ The court may direct that the items be produced before trial, and permit the parties and their attorneys to inspect all or part of them. [read post]
3 Apr 2014, 1:22 pm
This new guidance supplements guidance previously published guidance in“FAQS About Affordable Care Act Implementation (Part XIII)”(the “Expat FAQ”). [read post]
