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27 Sep 2015, 1:13 am
As per my previous post, Arnold J had framed his question so as to give the CJEU only two options for what the evidence needs to prove. [read post]
20 Sep 2015, 5:10 pm
” Readers may recall that the Riverbed Technology merger objection lawsuit had received significant attention because Fordham Law Professor Sean Griffith, having bought shares in Riverbed after its $3.6 billion acquisition by Thoma Bravo was announced, had sought (through counsel) to intervene in the case as an objector to the lawsuit’s proposed settlement. [read post]
14 Sep 2015, 4:32 pm
Daniel Tyukody Almost every securities class action lawsuit that is not dismissed eventually settles; very few of the cases actually go to trial. [read post]
8 Sep 2015, 3:42 pm
Pedraza-Fariña's description of the Federal Circuit as formalist and non-deferential certainly reflects a large body of scholarship (see, e.g., John Thomas (2003), Arti Rai (2003), Tim Holbrook (2003), Craig Nard (1995), and much of the briefing in Teva v. [read post]
24 Aug 2015, 3:12 pm
The agency also alleges that after discovering the first two breaches, Wyndham “failed to take appropriate steps in a reasonable time frame to prevent the further compromise” of its network. [read post]
21 Aug 2015, 8:59 am
Congratulations, by the way, to Thomas R. [read post]
20 Aug 2015, 6:00 am
What Zombies Can Teach Law Students: Popular Text Inclusion in Law and Literature Thomas E. [read post]
17 Aug 2015, 11:22 am
This is why lawyers and judges typically use history in a “forensic” sense, framing the evidence so that one perspective will dominate the others, often to the exclusion of the possibility (to use an idea I picked up from Bill Nelson) that they are asking questions of history that history cannot answer. [read post]
11 Aug 2015, 10:00 am
at 37 Thomas Jefferson Law Review 139 (2014). [read post]
11 Aug 2015, 7:40 am
at 37 Thomas Jefferson Law Review 139 (2014). [read post]
28 Jul 2015, 9:01 pm
The federal analogy When the Supreme Court was asked more than fifty years ago to uphold grossly disproportionate state legislative districts, Alabama argued that states should be allowed to implement a “little federal system” that would be “framed after the Federal System of government—namely one senator in each county of the state. [read post]
28 Jul 2015, 3:22 pm
Thomas A. [read post]
27 Jul 2015, 11:06 am
What is interesting is how he split ranks from the other three so-called conservative justices, Chief Justice Roberts, and Justices Thomas and Alito, who focused on what they viewed as the deeply flawed and anachronistic foundations that undergird the Brulotte decision. [read post]
22 Jul 2015, 6:02 am
See generally Thomas Place, Offensive Speech and the Pennsylvania Disorderly Conduct Statute, 12 Temple Political & Civil Rights L. [read post]
21 Jul 2015, 3:09 pm
Most citizens when the Constitution was framed regarded the jury trial as the “matrix . . . of nearly every other form of freedom. [read post]
16 Jul 2015, 8:00 am
Committed to creating an “American” vision of religious freedom, one that was distinct from the restrictive practices of the individual states, George Washington, Thomas Jefferson, and James Madison created a new template for public religious vocabulary. [read post]
14 Jul 2015, 6:00 am
So, in Obergefell, Kennedy jettisoned Windsor’s federalism frame when it came time to remind the country that, important as federalism is, it’s trumped by the Constitution’s protection of individual rights. [read post]
13 Jul 2015, 10:40 am
They endure because the ideas they embody reach out to us beyond the frame defined by their particular context, the way Mona Lisa’s eyes famously follow us as we cross the room in front of her portrait. [read post]
9 Jul 2015, 6:23 am
These issues will frame an ongoing conversation among Brookings scholars and affiliates throughout these final days of talks and through any congressional deliberations. [read post]
[Nicholas Quinn Rosenkranz] Los Angeles v. Patel and the constitutional structure of judicial review
9 Jul 2015, 5:17 am
The second, merits question was — if this is indeed a properly framed Fourth Amendment challenge, then is the Los Angeles ordinance consistent with the Fourth Amendment? [read post]
