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22 Apr 2014, 1:17 pm
Section 111 defines a violation purely in terms of “further transmitting . . . a primary transmission,” and there is no question that Aereo is doing that. [read post]
Money, Gold and Judges: D.C. Circuit Holds SEC’s Conflict Minerals Rule Violates the First Amendment
22 Apr 2014, 10:47 am
Circuit in which it will consider the precise question of whether the lenient rational basis test is limited to disclosures intended to prevent consumer deception. [read post]
11 Apr 2014, 10:50 am
Limits on delegation of Congressional power fall into at least two categories: (1) the non-delegation doctrine, derived from the Vesting Clause of Article I; and (2) due process limits on delegation of regulatory authority, derived from the Fifth Amendment, which generally prohibit unfair treatment. [read post]
7 Apr 2014, 9:01 pm
Joe Neff’s N&Oarticle captured the essence of Cohan’s argument: “something happened” (the author won’t say precisely what), and myriad new Nifong assertions pass either unchallenged or virtually unchallenged. [read post]
7 Apr 2014, 8:35 pm
In the specific case of China, Professor Tong posits that constitutional government "by the Chinese people includes the following elements, such as written constitution, people's sovereignty, limited government, retraint of power, guaranty of basic human rights or citizens' fundamental rights, the representative democracy on the basis of general election, constitutional control of armies, judicial independence, the constitutional supervision or constitutional review." [read post]
3 Apr 2014, 10:21 am
Justice Kennedy then asked directly about “the government’s fallback position,” pointing Russell to the precise page in the Solicitor General’s brief. [read post]
5 Mar 2014, 10:05 am
But, because of the inherent limitations of words, one or more terms in a patent claim usually has multiple possible interpretations, and the “correct” meaning of a word or phrase depends on the context in which it is used. [read post]
26 Feb 2014, 9:53 am
Contracts do include a limited range of outcome measures—for instance, limited penalties for escapes. [read post]
21 Feb 2014, 9:03 pm
Whether they might get a fifth vote to expand the review, though, is problematic, given that the Court seems to have spent some effort in deciding what to take on this time, and it chose to compose on its own the precisely drawn question it was willing to decide. [read post]
17 Feb 2014, 4:36 am
Precisely because the consequences of according 1A protection to these few actors are so great, SCt has been careful to warn us against attempting to recharacterize decisions as speech regulation: FAIR from 2006, where CJ Roberts marches through arguments about requiring law schools to allow military recruiters campus access. [read post]
10 Feb 2014, 9:50 pm
The compound of claim 2 contains a single chiral center, and may exist, for example, in enantiomerically pure (R)- or (S)- forms or a racemic form, the latter containing equal quantities of both enantiomers. [read post]
2 Feb 2014, 6:20 am
Related posts: Cash for Kidneys: Reality is Complicated Kidneys, Part II: The Limits of Deceased Donation Proposals More Organs & Inducements [read post]
30 Jan 2014, 9:54 am
The oral argument caused great consternation precisely because judges who had previously endorsed a broad view of Congressional power now suddenly abandoned principles that had been unquestioned for decades, and embraced limits that they had never before even mentioned and that made no sense as a matter of either constitutional interpretation or political philosophy. [read post]
29 Jan 2014, 8:53 am
We're also discussing possible options with our hosts, including but not limited to a spot of live streaming, depending on the level of interest and demand. [read post]
27 Jan 2014, 3:29 pm
Or personally bathe homeless people purely because it looks good on a resume. [read post]
27 Jan 2014, 5:27 am
Paroline & Amy, explaining in a recent post that shifting our focus away from purely punitive criminal justice responses is why he is cheering for Amy to win a complete victory before the Supreme Court. [read post]
26 Jan 2014, 4:11 am
Therefore the defendant’s pure knowledge of the existence of the payment order in not sufficient. [read post]
23 Jan 2014, 6:53 am
This post is not from the Dechert side of the blog, because of that firm's involvement in this matter.We mentioned, in the “here’s what’s out there” portion of our 2013 Top Ten post that “The long-pending Lance case (2010 #-6) remains undecided by the Pennsylvania Supreme Court, some three years after oral argument. [read post]
31 Dec 2013, 4:33 am
Three different approaches Interestingly, the precise rationale for the court’s decision was not agreed upon by a majority. [read post]
30 Dec 2013, 3:17 pm
Indeed, the evidentiary error lies precisely in the trial court's refusal to permit extrinsic proof of a matter that went beyond a mere attack on the witnesses' general credibility. [read post]
