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12 May 2011, 11:23 am by Orin Kerr
As a result, if the Supreme Court adopts the activity/inactivity distinction, it seems likely that future Congresses will use whatever hook the Supreme Court says is required — and not one iota more — to make sure their laws pass judicial muster.We saw this with Congress’s reaction to United States v. [read post]
11 Mar 2010, 4:14 am by Beck, et al.
  Again that was like leaning into a left hook - this particular punch being called Buckman. [read post]
23 Feb 2023, 7:05 am by Ronald Mann
ShareWednesday’s unanimous decision in Bartenwerfer v. [read post]
28 Nov 2022, 8:26 am by James Kwong
A common one is the absence of knowledge of the wrongdoing, as demonstrated in the case of L’Oréal SA v eBay International AG, where the High Court stated that eBay “did not know that such infringements had occurred and were likely to continue to occur” and this (amongst other factors) were not enough to make eBay liable as joint tortfeasors. [read post]
15 Jun 2011, 12:50 am by Matthew Flinn
Second, and giving all appropriate weight to what was said in R (C (A Minor)) v Secretary of State for Justice [2008] EWCA Civ 882, [2009] QB 657, and E v Chief Constable of the Royal Ulster Constabulary and another (Northern Ireland Human Rights Commission and others intervening) [2008] UKHL 66, [2009] 1 AC 536, the circumstan [read post]