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14 Apr 2019, 2:29 pm
For populations who are ruled rather than ruling, abstract principles applied in a predictable and fair way (understood in culturally contextual terms) tens to be matters of indifference. [read post]
21 May 2017, 10:41 am
To make matters worse, even when the government does escapes liability through exceptions to the FTCA, the injured party may be unable to pursue an alternative claim against the individual officer under state tort law. [read post]
14 Aug 2015, 4:15 pm
., Ltd.Antitakeover Measures in Chinese Corporate Governance: Rethinking IPOs in ChinaHan Sirui, Chinese University of Hong KongInformality Matters: Enforcement of Securities Laws in ChinaXi Chao, Chinese University of Hong KongSession 3: Zhengfa: In Pursuit of the Component Elements for a Theory of Chinese LawPanel Chair: Prof He Xin, City University of Hong KongThe Ideological Grammar of Chinese LawRogier Creemers, University of OxfordThe Narrative Building Blocks for the 4th Plenum:… [read post]
4 Apr 2023, 2:30 am
But no: the Federal Circuit says that even though Valve's infringement was willful (because Valve had been made aware of the patent and infringed it nonetheless), Judge Thomas S. [read post]
3 Dec 2016, 8:17 am
Malletts Bay Homeowner’s Association, 2016 VT 64By Thomas M. [read post]
18 Nov 2021, 11:30 am
Thomas Riordan, who represented numerous immigrants and children of immigrants caught up in the immigration bureaucracy, was the chair of the San Francisco Republican Committee. [read post]
16 Jun 2022, 7:03 pm
Pix Credit hereJoel Slawotsky has just published a fascinating article: "Digital currencies and great power rivalry: China as a disseminator in the digital age," Asia Pacific Law Review. [read post]
24 Jul 2020, 12:10 am
Cohen represented a wide array of corporations and individuals in complex commercial, criminal, and regulatory matters. [read post]
30 Oct 2021, 11:09 pm
If a U.S. jury had had all these facts before it and rendered such a verdict, it would have been a perfect example of a case for a judgment as a matter of law (JMOL) because no reasonable jury could have reached that conclusion.It was a typical squeeze case: one could only find an infringement by interpreting the patent so broadly as to be invalid. [read post]
15 Mar 2015, 7:20 pm
Thomas Nagel addressed this problem of consciousness in his seminal paper "What Is It Like To Be A Bat? [read post]
20 Dec 2012, 12:35 am
(The third individual is Thomas Hayes, the former UBS and Citi trader named as one of the defendants in the DoJ’s criminal complaint mentioned above.) [read post]
20 Nov 2015, 5:34 pm
Marini, 2015 VT 131 By Thomas M. [read post]
9 Jul 2021, 6:30 am
For the Balkinization Symposium on Stephen Skowronek, John A. [read post]
11 Mar 2020, 6:30 am
These include, inter alia, the tension between the government’s right to speak and the potential First Amendment rights of the government employees who carry the government’s message[1]; the Establishment Clause limitations on the government’s religious speech[2]; the way in which government speech may create the very racial and other inequalities that are the concern of the Equal Protection clause[3]; and the difficult conflict between the government’s right to articulate… [read post]
8 Mar 2017, 8:51 pm
Will SCOTUS Hear Case After Denying Cert in Peoples Matter?? [read post]
16 Mar 2018, 11:39 pm
Size is our current measure of greatness in this as in other matters [Donald Trump has an uncanny appreciation and inordinate fondness for this fact]. [read post]
25 Apr 2018, 5:11 am
If they wanted to publish something, they would submit it to a newspaper (for a famous example, consider Madison, Hamilton, and Jay's The Federalist), or help pay for its publication as a pamphlet (as Hamilton did for the second edition of The Federalist, and as Thomas Paine did for Common Sense). [read post]
15 Jan 2021, 6:30 am
” According to this definition, what matters is the change itself, not how you get there. [read post]
1 Apr 2015, 6:11 am
Thomas, 315 F.3d 190 (2002) (holding that under both clauses, `a defendant must intend to cause a bank a loss or potential liability, whether by way of statutory law, common law, or business practice’). . . . [read post]
27 Jun 2014, 11:36 am
Let’s take a look at Breyer’s majority opinion (which was joined in by Chief Justice Roberts and Associate Justices Kennedy, Ginsburg, Sotomayor and Kagan), and then the dissent by Scalia (writing for himself and Justices Thomas and Alito). [read post]
