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15 Oct 2015, 1:28 pm by Orin Kerr
The Fourth Circuit had a recent case that raised similar issues, United States v. [read post]
The judges’ conclusions on the key issues In order to make good an art 14 claim, a claimant has to establish that (a) the circumstances fall within the ambit of a substantive Convention right, (b) the claimant has a relevant status for the purposes of art 14, (c) they have been treated differently from others in a similar situation, by reason of their status; if so the burden is then on the state to demonstrate (d) whether the difference in treatment is objectively justified.… [read post]
11 May 2011, 9:00 am by McNabb Associates, P.C.
(2) The following offences shall be extraditable if they meet the requirements of paragraph (1): (a) conspiring in, attempting to commit, aiding or abetting, assisting, counselling or procuring the commission of, or being an accessory before or after the fact to, an offence described in that paragraph; or (b) impeding the apprehension or prosecution of a person charged with an offence described in that paragraph. (3) For the purposes of this Article, an offence shall be an extraditable… [read post]
26 May 2023, 1:14 pm by Joel R. Brandes
Respondent appealed the December 30, 2021 Order, and the Ninth Circuit remanded for consideration of the recently decided United States Supreme Court case Golan v. [read post]
16 Mar 2021, 6:00 am by Jason Rantanen
§ 271(b) states “whoever actively induces infringement of a patent shall be liable as an infringer. [read post]
3 Mar 2009, 3:40 am
In the absence of legally supporting affidavits, the motion for summary judgment must be confined to a decision under W.R.C.P. 12(b)(6) dismissal for failure to state a claim. [read post]
14 Dec 2014, 7:16 am
The Judge said, among other things, that (i) declaring code was not protectable and that (ii) although the overall structure of Oracle’s API packages was creative, original, and “resembles a taxonomy”, it was nonetheless “a command structure, a system or method of operation that is not entitled to copyright protection under Section 102(b) of the Copyright Act”. [read post]
18 May 2010, 5:44 pm by John Inazu
Three weeks ago, Stanley Fish's essay "The First Amendment and Kittens" reflected on the Supreme Court's recent decision in United States v. [read post]