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9 May 2022, 3:00 am by David Bilinsky
Plus, self-represented litigants often require greater time and resources to adjudicate their matters. [read post]
8 May 2022, 9:01 pm by Vikram David Amar and Jason Mazzone
Instead, it held that, as a matter of federal due process, the Florida statute could not constitutionally be applied to a contract made elsewhere, whether Florida wanted it to or not.The case proceeded to the Supreme Court, where Justice Felix Frankfurter’s majority opinion questioned the wisdom of the Court of Appeals having first resolved the constitutional (due process) question without having first decided the statutory one; if as a matter of Florida law the Florida… [read post]
8 May 2022, 7:01 am by Jonathan Schroden
Of course, these types of capabilities are in high demand and have limited capacity, so their use against terrorist groups in Afghanistan becomes a matter of prioritization relative to the presence of these groups elsewhere. [read post]
4 May 2022, 9:01 pm by Neil H. Buchanan
Just as Orwell’s warnings have come to life in many ways, some literal and some not quite, “The Handmaid’s Tale” is a story that communicates warnings about how power can be abused without necessarily being accurate about the specific types of abuses that might be visited on innocent people.The difference between an allegory and my conception of a pre-documentary, then, is essentially a matter of degree. [read post]
3 May 2022, 9:00 pm by Neil H. Buchanan
It is the answer to the second question, however, that always surprises my students, because private accounts are certainly no safer as a matter of law than Social Security is, and they are probably less safe as a matter of politics.Some students nervously object: “But that’s my money! [read post]
3 May 2022, 6:40 am
 When a concrete reliance interest is asserted, courts are equipped to evaluate the claim, but assessing the novel and intangible form of reliance endorsed by the Casey plurality is another matter. [read post]
3 May 2022, 6:01 am by Alden Abbott
One would hope that this inference would give Congress and U.S. antitrust enforcers pause before they embark on a novel interventionist path. [read post]
3 May 2022, 4:30 am by Lawrence Solum
  Here is the abstract: Do jurisdictional elements in criminal statutes actually matter? [read post]
 (See our March 2022 Crypto Enforcement Actions Roundup blog here where we discuss the regulatory guidance and jurisdiction of federal and state agencies to enforce these matters.) [read post]
29 Apr 2022, 1:46 pm by Holly Brezee
The mechanics and components of a game may be patented if it meets four requirements of patentability: 1) It has to be “patentable subject matter” (in the United States these are processes, machines, manufactures, and compositions of matter) 1; 2) It has to have utility (i.e. it has to be useful); 3) it has to be novel and 4) It has to be nonobvious. [read post]
29 Apr 2022, 8:50 am by Tess Bridgeman
Editors’ note: This article is the fifth installment in our Still at War Symposium, which can be accessed here. [read post]
28 Apr 2022, 1:18 pm by editor@howarddc.com
His expansive understanding of the specific challenges and opportunities that TSCA presents for green and sustainable chemistry is a powerful asset for clients as they develop and commercialize novel chemistries. [read post]
27 Apr 2022, 9:05 pm by David Larcker
Why This Matters One of the fundamental responsibilities of the board is to hire and fire the CEO. [read post]
27 Apr 2022, 1:12 pm by Public Employment Law Press
Decided on April 27, 2022 No. 60 [*1]In the Matter of Tim Harkenrider, et al., Respondents-Appellants, vKathy Hochul, & c., et al., Appellants-Respondents, et al., Respondents. [read post]
27 Apr 2022, 1:12 pm by Public Employment Law Press
Decided on April 27, 2022 No. 60 [*1]In the Matter of Tim Harkenrider, et al., Respondents-Appellants, vKathy Hochul, & c., et al., Appellants-Respondents, et al., Respondents. [read post]
27 Apr 2022, 5:52 am by Rebecca Tushnet
”  “Spokeo is not alleged to merely host user-generated content, it is alleged to actively take content from other sources, curate it, and upload it to its site in a novel configuration for repurposed uses. [read post]