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25 Feb 2010, 8:45 pm
I can see how a lengthy overnight interrogation of a seventeen and one-half year-old high school student can be off-putting—perhaps so off-putting that were we reviewing this issue from scratch on direct appeal, we might be tempted to fashion rules that would afford relief. [read post]
27 May 2011, 11:36 am by Eugene Volokh
I think that barring behavior that poses a substantial risk of being tantamount to bribery — and I do think that contributions pose such a risk (see Part III of this article) — is indeed “necessary and proper,” at least under the interpretation of that clause given in McCulloch v. [read post]
5 Mar 2012, 12:34 pm
   Apparently, in reviewing the cert petition in Rio Tinto v. [read post]
20 Jul 2011, 1:41 am
While we are still digesting the ECJ’s guidance concerning AdWords in eBay v L’Oreal (C-324/09, see the IPKat's post here) the German Federal Supreme Court (Bundesgerichtshof) has today finally published its eagerly and long awaited decision in Eis.de (otherwise known as the Bananabay case: see our earlier reports here, here and here).The decision was already handed down in January 2011 but was only published today, with impeccable timing by… [read post]
17 Jul 2012, 2:11 pm by admin
I see three essential lessons in play. [read post]
20 Oct 2011, 6:32 am
In Brough v Law [2011] EWCA Civ 1183, decided today, the Court of Appeal considered the effect of the parents' reconciliation upon a child maintenance assessment, with reference to the provisions of the Child Support Act 1991 as operative in 1999.The Facts: The parents were married, and had a son, born in 1996. [read post]