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23 Jul 2024, 9:00 pm by Vikram David Amar
The Court may generally prefer to have full briefing on every relevant question as a matter of good practice, but that fact doesn’t go to whether the Court has exercised what is its power to rule on matters that are not contested in the briefing. [read post]
5 Aug 2010, 8:28 am by Paul Bland
  These ATTM allies argue that it does not matter what the evidence in a case would show, that it does not matter what the state law at issue says, and that there is simply a federal right for any corporation to put in any contract a term that bans class actions (so long as the contract includes an arbitration clause). [read post]
17 Sep 2015, 6:01 am by Administrator
He said: Apart … from the question of contract …, it is said that in revenue cases there is a doctrine that the Court may ignore the legal position and regard what is called “the substance of the matter”, and that here the substance of the matter is that the annuitant was serving the Duke for something equal to his former salary or wages, and that therefore, while he is so serving, the annuity must be treated as salary or wages. [read post]
31 May 2019, 6:00 am by Guest Blogger
The issues now dominating the nation’s attention have moved the Court into uncharted territory, where pet conservative – and for that matter, pet liberal -- jurisprudential axioms offer little or no guidance. [read post]
12 Oct 2012, 7:19 am by Thomas Heintzman
Among the countries that have adopted it, the Model Law provides a common basis for the conduct and enforcement of international commercial arbitrations, no matter where the arbitrations are conducted. [read post]
1 Jul 2019, 8:59 am by Kevin Goldberg
Justice Gorsuch wrote for a six-member majority of the Court (he was joined by Justices, Roberts, Thomas, Alito, Kavanaugh, and Kagan). [read post]
6 Jun 2007, 12:25 pm
  Such evidence, the Court ruled, was irrelevant because, objectively, the risk was not high enough to constitute recklessness no matter what the defendant thought. [read post]
13 Jul 2010, 10:50 am by JB
Perhaps the Justices will wait for another circuit to speak on the matter, and see if there is a split in the circuit. [read post]
7 Jan 2025, 12:30 pm by Eugene Volokh
" On the Court, Justices Thomas and Ginsburg had also suggested that it was unsound to offer lesser First Amendment protection to broadc [read post]
28 Jan 2011, 3:08 am by SHG
[our emphasis] Naturally, the snarky prosecutor responded, I might have missed some days in history class in high school, but I don't remember Thomas Jefferson ever telling you, "You can take that arrest warrant and shove it up your Communist ass. [read post]
15 Nov 2013, 10:25 am by William Gould
 And although the Bureau of Labor Statistics has surveyed labor-management contract clauses, it has not addressed this matter. [read post]
29 Aug 2010, 6:31 am by INFORRM
  Jack of Kent has had a series of interesting posts on legal – non-media – matters ranging from the legal regulation of dress, cats and wheelie bins to Ray Gosling and “wasting police time”. [read post]
5 Mar 2009, 2:00 am
(IP finance)   Global - Trade Marks ICANN addresses trade mark concerns (Managing Intellectual Property) Non-commercial users file petition to form stake-holder group at ICANN (IP Justice) ToyRUs buys Toys.com at auction for $5.1 million (TechCrunch) Skittles.com uses Twitter search result page as home page (Venture Beat)   Global - Patents Internet Engineering Task Force (IETF) involved in row over RedPhone’s patent potentially covering new TLS standard (BLOG@IP::JUR)… [read post]
30 Apr 2022, 10:58 am by Eugene Volokh
" But that was not the end of the matter. [read post]
8 Dec 2011, 3:41 am by Russ Bensing
  The state had argued that the Cellmark results weren’t being offered for the truth of the matter, but simply as a basis for the expert’s opinion. [read post]