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25 Jun 2014, 2:16 pm
Co. at *1 (text added).Holding[H]aving considered the details of Aereo’s practices, we find them highly similar to those of the CATV systems in Fortnightly and Teleprompter. [read post]
25 Jun 2014, 10:00 am by Karen Tani
We seek to encourage presentation of historical legal work at the Law and Society’s Association’s annual meeting, and to create opportunities for interdisciplinary and cross-generational conversations.What does it mean to join the Law & History CRN? [read post]
25 Jun 2014, 8:25 am
 (Pix (c) Larry Catá Backer 2014) David Bates, began his excellent article on "Political Theology and the Nazi State" with the following quote from Carl Schmitt, Roman Catholicism and Political Form ( G. [read post]
25 Jun 2014, 6:43 am
[H]e observed four different cellular telephones: . . . . an LG Verizon cell phone on the kitchen counter; a Metro PCS Kyocera cell phone on the dining room table; a T–Mobile Sidekick cell phone on the headrest of the couch behind defendant; and an iPhone on the armrest of the couch. [read post]
24 Jun 2014, 8:29 pm
 Showing that a criminal act was performed with hair clippers that, at some point in time, crossed state lines does not show that the act in question “affects interstate commerce,” let alone that it has the “substantial effect” required by Lopez, Morrison, et al. [read post]
24 Jun 2014, 8:46 am by Andrew Frisch
Yet that case is inapposite, as the court explicitly stated that ” § 207(h) does not apply in this case,” and that ” § 207(h), and the cases interpreting it, are inapplicable. [read post]
24 Jun 2014, 8:19 am by Benjamin Wittes
The Barron memo does not directly answer this question. [read post]
24 Jun 2014, 7:28 am by Nietzer
The Functions Test As to this second analysis, the Court set out the following factors to determine if the entity performs a function the government treats as its own: Does the entity have a monopoly over the function it exists to carry out; Does the foreign government subsidize the costs associated with the entity providing the services; Does the entity provide services to the public at large in the foreign Country; and Does the foreign government generally… [read post]
24 Jun 2014, 5:55 am
While the opinion was rather predictable, that does not mean it was good, or even particularly coherent. [read post]
24 Jun 2014, 3:50 am by SHG
H/T Mike Paar Copyright © 2013 Simple Justice NY, LLC This feed is for personal, non-commercial and Newstex use only. [read post]
23 Jun 2014, 4:47 pm
But it does not include a power to revise clear statutory terms that turn out not to work in practice. [read post]
But the memo does not explain how the government interprets that requirement, nor does the memo explain the evidentiary standard the officials must meet in order to satisfy it. [read post]
23 Jun 2014, 12:57 pm by Schachtman
  Unfortunately, the RMSE does not attempt to quantify or define “substantial. [read post]