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23 Jun 2011, 2:35 pm
In brief, Caleb would resurrect a sweeping view of Article VI in the name of a textualist and originalist vision of the Constitution that the Court has otherwise completely ignored when construing Congress' enumerated powers. [read post]
23 Jun 2011, 12:35 pm
Kagan, Thomas and Sotomayor did not support what was labeled Part IV of the Ginsburg opinion, which had the support only of Scalia. [read post]
23 Jun 2011, 11:15 am
Township of Willingboro (1977) took a similar view. [read post]
23 Jun 2011, 9:23 am
In what some might view as the central piece of the decision, the majority says that even assuming that generic drug manufacturers have a duty to propose labeling changes to FDA, there is still preemption, because to hold to the contrary would effectively nullify the Supremacy Clause: [Plaintiffs] Mensing and Demahy contend that, while their state law claims do not turn on whether the Manufacturers asked the FDA for assistance in changing their labels, the Manufacturers’ federal… [read post]
23 Jun 2011, 7:33 am
New Mexico continues the coalition of three liberals — formerly Ginsburg, Stevens, and Souter, now Ginsburg, Sotomayor, and Kagan — plus two conservatives, Scalia and Thomas who take a relatively broad view of the right to jury trial and to confront witnesses. [read post]
22 Jun 2011, 6:07 pm
This is a long, tedious post. [read post]
22 Jun 2011, 6:07 pm
This is a long, tedious post. [read post]
22 Jun 2011, 2:37 pm
Part of the problem is that many a non-custodial parent may view support payments as excessive, or as going to an ex, rather than to the children, and a father may rationalize that the mother will squander the money on herself. [read post]
22 Jun 2011, 12:11 pm
Chris: What is your view of the LEED certification process? [read post]
22 Jun 2011, 11:57 am
The defendant, Thomas Hannover was released on his own recognizance. [read post]
22 Jun 2011, 10:39 am
In a decision that adhered to a narrow view of primary liability in a private 10b-5 suit, Justice Clarence Thomas wrote for the court, “For purposes of Rule 10b-5, the maker of a statement is the person or entity with ultimate authority over the statement, including its content and whether and how to communicate it. [read post]
22 Jun 2011, 7:57 am
It was specifically rejected by Thomas Jefferson, one of the members of the original patent board. [read post]
22 Jun 2011, 7:25 am
The California Supreme Court — in a move that would make King George III of England proud — decided Monday that if a government official wants to search your car, but does not have reasonable grounds to believe that you have violated any law, the search is legal. [read post]
22 Jun 2011, 5:16 am
Compiled from online public domain resources, provided for your review/use is this week's update of key industry news, views, and events highlighting key electronic discovery related stories, developments, and announcements. [read post]
22 Jun 2011, 2:00 am
In this context, many wonder if Justice Breyer will finally have an opportunity to give precedential force to views he expressed in his dissent in Lab. [read post]
22 Jun 2011, 2:00 am
In this context, many wonder if Justice Breyer will finally have an opportunity to give precedential force to views he expressed in his dissent in Lab. [read post]
21 Jun 2011, 11:47 am
The dissent posited that this decision was the first step toward a slippery slope that would end in Miranda losing the “clarity and ease of application that has long been viewed as one of its chief justifications. [read post]
21 Jun 2011, 9:16 am
Thomas said on “Today. [read post]
21 Jun 2011, 9:16 am
Thomas said on “Today. [read post]
21 Jun 2011, 12:25 am
I visited St Thomas during the NIFTEP conference in Steele County and was deeply impressed by the depth of their commitment to legal ethics. [read post]
