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14 May 2007, 3:50 pm
This approach, already utilized narrowly by the Third Circuit Federal Court of Appeals in Lutz v. [read post]
7 May 2007, 8:49 am
“The concerns that Hand had are very much at the core of antitrust disputes today. [read post]
3 May 2007, 10:20 am
Because we're opposed to it, we thought we'd let everyone in on the secret, even if it does involve a lot of boring legal stuff that only hard-core lawyers could love. [read post]
1 May 2007, 5:26 am
The focus is on the Supreme Court's recent decision in LULAC v. [read post]
23 Apr 2007, 3:48 pm
Whether that was a major stride, or merely an incremental step, may rest on the outcome of Supreme Court review of Dayton v. [read post]
21 Apr 2007, 3:51 am
With respect to the breach of contract claim , Holland based his claim on an express contractual provision stating that "the parties hereto shall deal with one another fairly and in good faith. [read post]
18 Apr 2007, 7:20 am
(Personal plug: Kennedy's opinion accepts the argument on this point of an amicus brief by a few law profs, including yours truly.)3) The distinction on which Kennedy principally relies -- the greater specificity of the federal statute -- works for overbreadth and vagueness, but it's not clear that it should make a difference on the core issue: whether a government (state or federal) can ban what many doctors think is the safest way to perform a medical procedure. [read post]
12 Apr 2007, 9:05 am
Emergency Appeal: As it did in TiVo v. [read post]
9 Apr 2007, 10:11 pm
It was not in the famous Betamax case, but almost a decade before that, in the largely forgotten case of Williams & Wilkins v. [read post]
8 Apr 2007, 1:42 am
Linda Greenhouse's meditation on John Roberts's dissent in the global warming case (Massachusetts v. [read post]
7 Apr 2007, 2:16 am
" The brief also disputes arguments by the state of Texas that the case is now moot, and that the Supreme Court has already decided the core issues involved. [read post]