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3 Jul 2012, 5:35 pm by Mark Tushnet
Weisman, the high-school graduation prayer case (discussed in my book, A Court Divided: The Rehnquist Court and the Future of Constitutional Law at pages 186-87; I quote Kennedy as saying that his draft opinion allowing the prayer "looked quite wrong"). [read post]
3 Jul 2012, 1:47 pm by Rob Robinson
Cost – A Case for Fixed-Fee, Unit-Based Pricing – http://bit.ly/L9FILJ (Marc Zamsky) eDiscovery Case Law: Judges Get Annoyed When Lawyers Don’t Play Nice – http://bit.ly/LDquTY (Jason Krause) eDiscovery Drama: Stranger Than Fiction – http://bit.ly/QuvHvw (Matt Miller) How Early Case Assessment Can Drive Effective Arbitrations – http://bit.ly/LytKhp (Julie Anne Halter, Bill Zoellner) How To Manage The Costs Of Big Data In eDiscovery – http://bit.ly/Quv4lL… [read post]
3 Jul 2012, 8:21 am by Eliot Wagonheim
  Sometimes disagreements over who gets to see what, and when, or who gets to say what, and when, are minor squabbles. [read post]
2 Jul 2012, 9:45 am by EEM
Important Judgment on Statelessness (ECHR Blog, June 2012) [text] - Comment on Kuric v. [read post]
1 Jul 2012, 2:54 am
 The decision stated:  “The further test to be applied is whether the skilled person would, using common knowledge, regard the remaining claimed subject-matter as explicitly or implicitly, but directly and unambiguously, disclosed in the application as filed (see point 4.5.4 on page 39 of decision G 2/10). [read post]
29 Jun 2012, 6:46 pm by Zachary Spilman
“However, considering the Government’s reliance on pages 54 and 154 of PE 15, we cannot say that the erroneous admission of these testimonial statements was harmless beyond a reasonable doubt. [read post]
29 Jun 2012, 9:06 am by Eric Turkewitz
If Rakofsky’s conduct is unrelated to mistrial, why did Jackson spend 2-3 pages on it? [read post]