Search for: "Matter of Cert. of a Question of Law"
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20 May 2015, 12:19 pm
And last month, a cert petition was filed at the Supreme Court on this issue in Gunter v. [read post]
11 May 2015, 11:30 am
The court explained the law as follows:Where trademark infringement occurs primarily in a foreign nation, the extraterritorial reach of the Lanham Act becomes a concern, as it is presumed that Congress intends to legislate "with respect to domestic, not foreign matters. [read post]
30 Apr 2015, 8:38 pm
When Congress statutorily classifies identified matters as legally cognizable injuries it is merely codifying principles of harm. [read post]
25 Apr 2015, 11:03 am
The procedural context of the doubling risk thus often pretermits questions of validity, bias, and confounding. [read post]
23 Apr 2015, 3:33 pm
” By contrast, Kingsley and the United States argue that Bell is best read to mean that objective indicia can establish an impermissible purpose as a matter of law, in which case the objective indicia alone do all the key legal work. [read post]
22 Apr 2015, 9:25 am
This case presented a thorny question under energy law statutes and longstanding precedents because the alleged market manipulation affected both wholesale sales, the traditional purview of federal regulators, and retail sales, which the NGA reserves for state regulation. [read post]
21 Apr 2015, 12:18 pm
Finally, the Court rejects the government’s argument that it should be the overall reasonableness of the duration of the stop that matters. [read post]
9 Apr 2015, 1:00 pm
” Although appellate circuits have unanimously upheld such laws, in Bank Markazi, the petitioners are now trying to put that question squarely before the Court as it relates to §8772. [read post]
9 Apr 2015, 5:00 am
The warning in Gaston was adequate as a matter of law. [read post]
3 Apr 2015, 7:48 am
All that matters here, and all that should have mattered to the Sixth Circuit, is that we have not held that Cronic applies to the circumstances presented in this case. [read post]
31 Mar 2015, 6:09 am
The substance of the cases may shift from larger constitutional questions to matters of administrative procedure and statutory interpretation, but the litigation will go on. [read post]
30 Mar 2015, 11:58 pm
Considering how many cert petitions the SCOTUS has to decide on at any given point in time, one may or (as I do) may not believe that an incredibly deep analysis of such questions as whether declaring code is more or less functional than other program code has occurred so far.As for the second question, I would be thoroughly surprised if the Department of Justice determined that Google's agenda in this context is in the interest of the United States. [read post]
27 Mar 2015, 12:12 pm
The matter may very well get resolved in the lower courts without the Supreme Court stepping in. [read post]
15 Mar 2015, 9:01 pm
” The more nuanced question is: When may the lawyer lie during negotiations and when does the law forbid that? [read post]
13 Mar 2015, 10:47 am
Hurst’s petition originally posed two questions spanning fifteen lines of text, but in granting cert., the Court limited review to just one question, occupying more like two lines: whether Florida’s capital sentencing scheme violates the Sixth Amendment or Eighth Amendment in light of Ring v. [read post]
5 Mar 2015, 3:31 pm
As a matter of doctrine, the NFIB decision is not on point. [read post]
4 Mar 2015, 8:28 pm
Just last month Maine filed a cert petition in Mayhew v. [read post]
3 Mar 2015, 7:23 pm
(And does it matter?) [read post]
2 Mar 2015, 10:02 pm
The amicus brief filed on behalf of Consumers Research by noted administrative law scholar Ronald Cass questions the nightmare scenarios painted by the government’s defenders, and argues that such considerations are not province of the Court. [read post]
22 Feb 2015, 1:44 pm
James and ordered that the case go forward; trial court granted a questionable summary judgment which is now on appeal. [read post]
