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19 Aug 2010, 1:18 pm by Paul Horwitz
  It is far from clear that stealth overruling is new, and it can be used to what most of us agree is good effect: the Court spent decades removing the ground from underneath Plessy v. [read post]
18 Aug 2010, 1:35 am
It's getting on for five months since the Court of Justice of the European Union gave its ruling in Case C-278/08 Die BergSpechte Outdoor Reisen und Alpinschule Edi Koblmüller GmbH v Günter Guni and trekking.at Reisen GmbH (see the IPKat here) -- the court's other ruling on the use of trade marks and other allusive symbols as keywords in the same week as it gave its famous ruling in the three Google France cases (noted by the IPKat here). [read post]
16 Aug 2010, 7:17 pm by Michael J. Brown
These categories use a point system to help judges locate a recommended sentence on the U.S. [read post]
16 Aug 2010, 10:56 am by Robert Thomas (inversecondemnation.com)
Indeed, he is highly qualified (even though that rating no longer is used), despite recently authoring an opinion for a 4-1 court that fundamentally rewrote Hawaii's land use laws, but that lacked analysis and was thinly reasoned. [read post]
16 Aug 2010, 6:30 am by Norm Pattis
If you think that trial experience doesn't matter for a Supreme Court justice, I urge you to read Justice Sonya Sotomayor's dissent in Skilling v. [read post]
14 Aug 2010, 5:02 am by Rebecca Tushnet
Sprigman: this is a specific v. general placebo issue. [read post]
12 Aug 2010, 2:56 am
If so, the Kats would all love to know.Twenty Questions hereTwenty Seven Questions hereEurope's first institution for resolving referred questions hereWhy Don't You Answer? [read post]
11 Aug 2010, 6:04 am by SHG
  That's why the rest of us aren't issued badges and taught how to taser people who annoy us. [read post]
10 Aug 2010, 11:36 am by Heather Morse (Milligan)
Ahhhh, I do love the smell of a First Amendment win against restrictive bar rules. [read post]