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27 Jul 2010, 9:43 am
In footnote 41, she quotes precedent that this “cardinal principle” can be traced to Chief Justice Marshall in 1804 and “has for so long been applied by this Court that it is beyond debate. [read post]
27 Jul 2010, 8:34 am
It can be fun, especially for an insecure beginning con law teacher, to spend a class session or more using Van Alstyne to beat up on the problems and inconsistencies with Marshal's opinion. [read post]
27 Jul 2010, 8:10 am
In our view, the EPA has marshaled evidence suggesting that such a prophylactic measure may be necessary to effectively regulate water pollution from Large CAFOs, given that Large CAFOs are important contributors to water pollution and that they have, historically at least, improperly tried to circumvent the permitting process. [read post]
27 Jul 2010, 7:51 am
The State Fire Marshal's Office is one of the entities that concluded arson was the cause of the fatal Willingham fire. [read post]
26 Jul 2010, 4:50 pm
Technology bloggers and fair-use advocates are celebrating a federal ruling that gives individuals more freedom to manipulate copyrighted material and modify consumer products. [read post]
26 Jul 2010, 1:16 pm
So, to return to the hypothetical objection to my objection to Graham's use of Federalist No. 76: Yes, the conditions under which the Senate can or should withhold consent from a Presidential nominee can differ based on the nature of the office. [read post]
26 Jul 2010, 4:30 am
The Kansas Fire Marshal's office concluded that the explosion was caused as a result of an ignition source inside the last box loaded into the trailer. [read post]
25 Jul 2010, 12:13 pm
All five of the men pleaded “not guilty’’ and accepted voluntary detention, meaning they will be held by the US Marshal until their next appearance in court, set for Sept. 15. [read post]
24 Jul 2010, 12:56 pm
"It was painfully apparent that many FSC members believe that flawed science was used in the Willingham conviction, but the FSC does not seem interested in looking at the bigger picture: When did the State Fire Marshal start using modern arson science and did the State Fire Marshal commit professional negligence or misconduct when it failed to inform the courts, prosecutors, the Board of Pardons and Parole, and the Governor that flawed arson science had been… [read post]
24 Jul 2010, 10:16 am
It was painfully apparent that many FSC members believe that flawed science was used in the Willingham conviction, but the FSC does not seem interested in looking at the bigger picture: When did the State Fire Marshal start using modern arson science and did the State Fire Marshal commit professional negligence or misconduct when it failed to inform the courts, prosecutors, the Board of Pardons and Parole, and the Governor that flawed arson science had been… [read post]
23 Jul 2010, 4:29 am
The paper also documents the growth in US Marshalls and federal Bureau of Prison's leased detention beds in Texas, which together expanded by 17,249 between 2000 and 2009, according to an appendix.Two takeaways from this paper: 1) Larding criminal prosecution onto deportation proceedings makes us less safe by reducing federal prosecutors' focus on more serious crimes, especially in Texas' Southern and Western Districts. [read post]
22 Jul 2010, 5:28 pm
That leaves a tranche--maybe two tranches--of impressively trained professionals who can fashion analytic advocacy of great sophistication, and marshal formidable batteries of data in their support. [read post]
22 Jul 2010, 12:29 pm
The Texas-based company is using eminent domain to gain access to 67-year-old Mary Ellen McConnell's 125-acre farm. [read post]
22 Jul 2010, 9:30 am
My friend David Marshall of Katz, Marshall & Banks, LLP here in Washington reports that he once used an employer's GPS tracking information to compute a client's hours of work and win an case for unpaid overtime. [read post]
22 Jul 2010, 3:56 am
In fact, if failure to meet the MoT test did necessarily result in the rejection of a claim, then the USPTO would be using the MoT test as the sole test for patent-eligibility, contrary to Bilski. [read post]
What's so bad about "business method" patents? Small PR firms "goosed" by a patent on press releases
21 Jul 2010, 5:52 pm
In Marshall, Texas, a patent that seems to cover the act of distributing a press release online (No. 6,370,535) was used to sue six companies that are in that business; it was filed on Friday June 24—just three days before the Court ruled in Bilski decision that business methods will continue to be patentable. [read post]
21 Jul 2010, 10:39 am
Magistrate Judge Chad Everingham of Marshall, Practical E-Discovery Issues. [read post]
21 Jul 2010, 7:55 am
The service aims to take 5% of the market in Lund before moving on to other cities and is operated by ViaEuropa, which is also the company behind the iPredator VPN/anonymity service.2: Court Upholds ‘We Are Marshall’ Copyright RulingNext up today upheld a 2008 ruling that found that Warner Bros., the makers of the movie “We Are Marshall”, did not violate the copyright of the earlier documentary “Ashes to Glory”, both of which were about the… [read post]
21 Jul 2010, 4:37 am
We pass through magnetometers operated by marshals or court officers. [read post]
20 Jul 2010, 12:15 pm
The argument sketched above rests in part on the following two premises (for which support is available and some is adduced): (i) the human animal is an evolving intelligent organism and (ii) the human animal uses, should use, and must use both explicit and tacit methods of calculation and deliberation. [read post]
