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12 May 2009, 8:53 am
As the US Supreme Court said in Tehan v United States, 383 US 406, 416 (1996), "[t]he basic purpose of a trial is the determination of truth. [read post]
5 Feb 2015, 12:30 pm by Steve Vladeck
First, and doctrinally, there’s the “immediate custodian” rule articulated by the Supreme Court in Rumsfeld v. [read post]
5 Dec 2017, 12:01 pm by ligitsec
McIntosh, Civil Division, Department of Justice, Washington, D.C., for amicus United States. [read post]
2 May 2016, 12:48 pm by Peter Margulies
While military rules of engagement (ROE) seek to cabin the use of lethal force, aggressive commanders in the heat of battle can fail to heed that guidance. [read post]
13 Jun 2008, 3:40 am
, Schering-Plough Corp – Following dispute over trade dress with Schering-Plough, Fruit of the Earth announces plan to change its package design: (IP Law360), US: Quanta and its impact on biotechnology: (Holman’s Biotech IP Blog), US: BIO files amicus brief asking CAFC to cabin in scope of KSR and hold that its obvious to try dicta does not abrogate the Deuel standard: In re Kubin: (Patently-O), US: StemCells gets patent on enriched central nervous system stem cell and… [read post]
31 Dec 2011, 1:20 pm by Marty Lederman
  But Justice O’Connor further explained that this detention authority was cabined by those law-of-war principles, too. [read post]
11 Aug 2016, 10:25 am by Rebecca Tushnet
Predictable v. unpredictable. [read post]
25 Jun 2022, 4:02 am by Rebecca Tushnet
Given three constituencies—incumbent mark owners, new entrants who need space to compete, and consumers—if properly cabined, goodwill should be recognized if consumers are still investing a term with source significance. [read post]
16 Feb 2021, 8:17 am by Eric Halliday, Rachael Hanna
” In practice, the FBI operates under the distinction that international terrorism is any act of terror ordered by a foreign group or inspired by an ideology that originated overseas, while domestic terrorism is any act of terror inspired by political motivations rooted in the United States. [read post]
4 Nov 2013, 9:46 am by Jane Chong
The fact that a single vulnerability can give rise to untold numbers of compromised computers and harms that are difficult to cabin makes dumping costs entirely on end users unreasonable as a policy matter. [read post]
30 Mar 2012, 8:25 am
To be sure, during the oral argument, Justice Breyer may have undermined the effectiveness of his hypo by appearing to agree with Michael Carvin (for the NFIB) that the argument for federal power in the inoculation case is of a piece with the argument for federal power in United States v. [read post]