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29 Oct 2013, 4:13 am by Devlin Hartline
They say that bad facts make bad law, and that was proven yet again earlier this year with Righthaven’s resounding defeat on the standing issue in the Ninth Circuit.1 I have uploaded a copy of the Ninth Circuit’s opinion to Scribd. [read post]
28 Oct 2013, 9:22 pm by Luke Rioux
Attorney General Eric Holder announced in his August 29, 2013 memo, marijuana enforcement should not generally be a high priority for federal prosecutors. [read post]
28 Oct 2013, 3:25 pm by Stewart Baker
 The full document is here: Baker – HPSCI testimony – Oct. 29 2013. [read post]
27 Oct 2013, 9:55 pm by Ken White
Keefe, 402 U.S. 415, 419, 91 S.Ct. 1575, 1578, 29 L.Ed.2d 1 (1971), quoting Carroll v. [read post]
24 Oct 2013, 1:24 pm by Carole (Staff Lawyer)
This provision can be found in section 29(2) of the Constitution Act 1867. [read post]
24 Oct 2013, 10:26 am by Paul Rosenzweig
Second, in offering my statement to you, I necessarily tread where others who are far smarter than I have already walked.[1]  In particular, I have relied upon two truly magnificent legal analyses of the topic, one by Steve Bradbury, who served in the Office of Legal Counsel during the Bush Administration,[2] and the other by David Kris, who served as Assistant Attorney General for the National Security Division during the Obama Administration.[3] In my statement, I want to make four… [read post]
24 Oct 2013, 9:02 am by Clara Spera
Talk about clearance sales: An ex-Navy carrier, USS Forrestal, has been sold for 1 Cent to a ship breaker. [read post]
22 Oct 2013, 11:28 am by Maya Angenot
Does the doctrine of animus revertendi (whether the animal had a normal habit of returning home) apply? [read post]
20 Oct 2013, 12:34 pm by Stephen Bilkis
Each count of an indictment may only charge one offense (CPL 200.30[1] ). [read post]
17 Oct 2013, 7:03 pm
Thus, the substantial embodiment test provided a framework for determining whether the sale of an unpatented component […], which by itself does not practice the patented method, is still sufficient for exhaustion.Keurig at *6-7 (emphasis added).Substantial Embodiment Test does not Apply in an A Fortiori Sale of Patented ItemEntire Product Sold by Keurig Already Covered by PatentKeurig sold its patented brewers without conditions and its purchasers therefore obtained the… [read post]
17 Oct 2013, 5:00 am by Bexis
  Therefore, we hold today that a plaintiff who does not read an allegedly inadequate warning cannot maintain a negligent-failure-to-adequately-warn action unless the nature of the alleged inadequacy is such that it prevents him from reading it.Id. at 971.This ruling has been extended to situations where the prescriber fails to read a warning. [read post]
15 Oct 2013, 5:58 am by Rebecca Tushnet
Sept. 29, 2013) So I’m trying to cut down on California coverage and just give the highlights. [read post]
15 Oct 2013, 4:42 am by Andrew Frisch
The court in such action shall, in addition to any judgment awarded to the plaintiff or plaintiffs, allow a reasonable attorney’s fee to be paid by the defendant, and costs of the action. 29 U.S.C. [read post]