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10 Sep 2010, 9:16 am by Kenneth Anderson
 Think how many times on this Opinio Juris blog, someone cites to a Nuremberg precedent; speaking purely descriptively, however, I don’t believe I ever heard a [read post]
10 Sep 2010, 8:07 am by Bexis
We're talking about the Restatement (Third) of Torts, Products Liability §2, to be precise. [read post]
2 Sep 2010, 6:49 am
, by repealing the statute as a whole).Nothing in the above logic is limited to statutes, as opposed to policies (such as the all-comers policy) or to pure equal protection violations rather than violations of the parallel First Amendment prohibition on discrimination based on viewpoint or religion. [read post]
31 Aug 2010, 8:45 am by Steve Roosa
Zittrain's precise legal reasoning from the quotes in Mr. [read post]
30 Aug 2010, 6:08 am by Goldberg Segalla LLP
    Specifically, the court of appeals agreed that all of the allegations sounded in fraud, noting that while AIG performed under the reinsurance contracts, it misrepresented to AXA precisely how the reinsurance facilities would operate from their inception. [read post]
19 Aug 2010, 1:50 pm by Bexis
”  Except where FDA regulations (allegedly) by their own terms allowed modifications, there wasn’t a majority on the Court for letting the common law go there.We’re now a little more than a year into the post-Levine era, and already it looks like the other side (definitely) and the courts (all too often) are ignoring the implicit limits of Levine. [read post]
18 Aug 2010, 12:17 am
So I'd severely limit the statute in those ways, all of which I believe is required by precedent. [read post]
14 Aug 2010, 5:09 am by Rebecca Tushnet
Is creativity a purely human trait? [read post]
12 Aug 2010, 9:38 am by Rebecca Tushnet
Any other interpretation would, as Dastar feared, create a species of perpetual copyright—if in this case only limited to pure reproductions. [read post]
31 Jul 2010, 6:22 am by Peter Tillers
The conjecture, then, is that for general reasoning and argumentation there is a “sweet spot” somewhere on the spectrum between ordinary informal practices at one end, with their sloppiness and disorder, and purely formal techniques at the other, with their rigidity and limited range of application. [read post]
18 Jul 2010, 11:42 am by Kenneth Anderson
 It was certainly a convenient stance for Romney — abortion, gay marriage, etc., all as much off-limits as funny Mormon underwear — and I sharply attacked it as conservative multiculturalism and conservative moral relativism. [read post]
15 Jul 2010, 9:16 pm by Kenneth Anderson
The likes of John Locke and James Madison long ago demonstrated the limits of Hobbes’s raw statism. [read post]
15 Jul 2010, 3:03 pm by Oliver G. Randl
The EPO sets high standards on sufficiency of disclosure of measurement methods, but there are limits. [read post]
12 Jul 2010, 6:56 am by Eugene Volokh
You can seek objective truth in science that transcends the limitations and expectations of your society, but the only objective truth about usage consists precisely of what the relevant linguistic group does and expects. [read post]
30 Jun 2010, 1:49 pm by Ilya Somin
On the more general question of adjustment to “circumstances,” one of the main reasons why libertarians favor strict limits on government power is precisely because the private sector has greater ability and incentive to acquire knowledge about varying local circumstances and evaluate it in a rational way. [read post]
29 Jun 2010, 12:26 pm by Aviva Cuyler
Further, applicants will no longer be limited to showing that their method claims are tied to a particular machine or transformative of a particular article. [read post]
28 Jun 2010, 2:49 pm
This Court has "more than once cautioned that courts 'should not read into the patent laws limitations and conditions which the legislature has not expressed.'" Diamond v. [read post]
28 Jun 2010, 10:28 am
It may be that the Court of Appeals thought it needed to make the machine-or-transformation test exclusive precisely because its case law had not adequately identified less extreme means of restricting business method patents, including (but not limited to) application of our opinions in Benson, Flook, and Diehr. [read post]