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30 Jun 2010, 11:41 am
Stras called Thomas ‘my mentor. ... [read post]
29 Jun 2010, 8:33 pm
"Is His Gun-Control Concurrence Justice Thomas’s Finest Hour? [read post]
29 Jun 2010, 5:23 pm
” Apart from Justice Thomas, who believe the PRA was unconstitutional as applied to referendum petitions in general, the only other support came from Justice Alito. [read post]
29 Jun 2010, 5:23 pm
” Apart from Justice Thomas, who believe the PRA was unconstitutional as applied to referendum petitions in general, the only other support came from Justice Alito. [read post]
29 Jun 2010, 2:37 pm
I dashed off a quick analysis of the Bilski decision for CNET yesterday (see “Supreme Court Hedges on Business Method Patents”), a follow-up to a piece I wrote for The Big Money when the case was argued last fall. [read post]
29 Jun 2010, 2:26 pm
The careful and accurate historical analyses provided in the Alito and Thomas opinions provide a convincing rebuttal of both views as well as furnishing some delicious ironies along the way. [read post]
29 Jun 2010, 2:12 pm
Yesterday I wrote about viewing the Supreme Court's landmark decision of McDonald v. [read post]
29 Jun 2010, 1:27 pm
Nonetheless, among those eight, four Justices took the view that the Sixth Amendment does not require unanimous jury verdicts in either federal or state criminal trials, and four other Justices took the view that the Sixth Amendment requires unanimous jury verdicts in federal and state criminal trials. [read post]
29 Jun 2010, 10:00 am
" The Queen of England is set to make a first visit to view the World Trade Center site since the attacks on our city nearly nine years ago on September 11, 2001. [read post]
29 Jun 2010, 4:02 am
But there are reasons to doubt whether the test should be the sole criterion for determining the patentability of inventions in the Information Age.But we should not forget what Thomas Jefferson felt at the beginning -- "ingenuity should receive a liberal encouragement. [read post]
29 Jun 2010, 3:00 am
The opinion of the Court was written by Justice Kennedy and joined by the four justices on the right--Alito, Roberts, Thomas and Scalia. [read post]
29 Jun 2010, 1:34 am
Thomas Watson and David S. [read post]
28 Jun 2010, 9:10 pm
What we do know, however, is that 5 Justices, namely Justices Kennedy, Roberts, Thomas, Alito and Scalia all agreed that business methods are patentable subject matter. [read post]
28 Jun 2010, 6:28 pm
Because there is a significant overlap between patents on "business methods" and patents on software, a ban on business-method patents could be seen as an incremental move toward a patenting regime that would wipe out some of the software patents viewed by those groups as stifling innovation. [read post]
28 Jun 2010, 5:08 pm
” Justice Thomas joined this part of Justice Alito’s opinion, making it the opinion of the Court. [read post]
28 Jun 2010, 4:45 pm
If this holding strikes you as both consistent with the Federal Arbitration Act’s goal of promoting arbitration of private disputes as well as precise reading of plain language of the law, then you share the majority view of Justices Scalia, Alito, Kennedy, Roberts, and Thomas. [read post]
28 Jun 2010, 4:37 pm
As the ILO’s Constance Thomas noted: Most child labor is rooted in poverty. [read post]
28 Jun 2010, 1:15 pm
In my view, Thomas's opinion repeatedly makes the central mistake in contemporary original meaning orignialism that I have identified and rejected in my own writings: He conflates original meaningwith original expected applications and original understandings. [read post]
28 Jun 2010, 1:04 pm
I disagree with the view that their rejection of P or I is strictly limited to this case. [read post]
28 Jun 2010, 11:44 am
I could have added: lacking the original I have what surely count as the next best thing: the great translation by Thomas Hobbes, a philosopher in his own right and one of the great prose stylists in the language:For oppressed with the violence of the calamity, and not knowing what to do, men grew careless both of holy and profane things alike. [read post]
