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21 Oct 2010, 3:11 pm
467/08, Padawan SL v Sociedad General de Autores y Editores de España (SGAE) had just been uploaded on to the Curia website. [read post]
17 May 2017, 4:10 am by Edith Roberts
At The National Conference of State Legislatures Blog, Lisa Soronen notes that in District of Columbia v. [read post]
16 May 2023, 8:21 am by Unknown
For example, in the securities law context, a Second Circuit panel upheld the SEC’s Regulation Best Interest, but only after finding that a private plaintiff—not the state plaintiffs—had Article III standing (See, XY Planning Network, LLC v. [read post]
4 Apr 2018, 11:58 am by Lisa Ouellette
But the proposal is less desirable where the problem is excessive ownership power coupled with discriminatory enforcement, because (a) the only remedy would be to completely invalidate the patent, and (b) the First Amendment may not apply because the problem is power with discriminatory enforcement, not the PTO’s decision to issue the patent (as described above, First Amendment scrutiny can only reach the analytical levels at which state action occurs).Professor… [read post]
13 Feb 2017, 4:00 am by Jon Gelman
This case represents a subtle but real shift from current 8th Circuit law as stated in Fjellestad v. [read post]
20 Jun 2017, 1:15 pm by Stephanie M. Batchelder
” If a state has no “legitimate interest” in particular claims, a defendant should not be forced to submit to the coercive power of the state with respect to those claims. [read post]
28 May 2014, 8:48 am by WIMS
Appeals Court Environmental Decisions   <> Oklahoma v. [read post]
5 Mar 2024, 6:19 am by Jonathan H. Adler
Anderson: States cannot disqualify candidates for federal offices from the ballot under Section 3. [read post]