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2 Jun 2017, 11:59 am by Helen Klein Murillo, Benjamin Wittes
Attorneys’ Manual breaks down the three elements of an obstruction charge: “(1) there was a proceeding pending before a department or agency of the United States; (2) the defendant knew of or had a reasonably founded belief that the proceeding was pending; and (3) the defendant corruptly endeavored to influence, obstruct, or impede the due and proper administration of the law under which the proceeding was pending. [read post]
27 Jun 2016, 1:52 pm by Priscilla Smith
’”) (internal citations omitted). [9] Carhart, 550 U.S. at 154-56. [10] Id.at 158; cf. [read post]
13 Apr 2018, 1:05 pm by Rebecca Tushnet
  Can you sensibly plead all 3 causes of action. [read post]
6 Mar 2017, 11:05 pm by Roel van Woudenberg
The Board therefore considers that, despite the fundamental character of Article 113(2) EPC, an immediate remittal to the Examining Division would serve no purpose.3. [read post]
14 Feb 2016, 1:32 pm by Lawrence B. Ebert
" Chevron, 467 U.S. at 843.First, we hold thatin the case.the meaning of "valid existing rights" in § 1133(d)(3) is ambiguous under Chevron step one. [read post]
23 Dec 2019, 12:52 pm
§ 285Enforceable Patent Rights to Research Institutions and their Exclusive LicenseesAppeals from the United States District Court for the Southern District of California in Nos. 3:13-cv-00651-JLS- MDD, 3:13-cv-00830-JLS-MDD, 3:13-cv-01015-JLS-MDD, Judge Janis L. [read post]
12 Nov 2021, 9:52 am by Eugene Volokh
"[5] At the same time, such claims are by their nature hypothetical, and some judges view them as too speculative.[6] [3.] [read post]
9 Feb 2021, 6:36 am
  Earlier chapters have considered the value of Guiguzi  in interpreting the strategic choices of officials around the issue of Hong Kong.[2]  A recent Opinion of the Chinese Central Committee[3]reveals, however, that these strategic choices appear t long predate the 2019 protests and even the 2014 Umbrella Movement, but that they might well have been set in motion around the time of the reversion of Hong Kong itself to China. [read post]
2 Aug 2022, 6:30 am by Guest Blogger
There, he concluded that, although the Constitution’s generalities are still fluid and thus negotiable, many of its structural elements have settled in ways that make governance and addressing problems of injustice hard.[2]The Supreme Court’s Term this year perhaps proves the point.[3]  Taking up Sandy’s charge that scholars rarely discuss the general elements that make interpretation hard, I offer some comparative perspective from a seemingly unlikely… [read post]
9 Apr 2012, 3:12 pm by Orin Kerr
That argument will be a lot weaker if the vote isn’t 5-4 (cf. debates over Bush v. [read post]
6 Oct 2019, 8:00 am by Giles Peaker
The Circuit Judge had identified the relevant factors, in particular that the first possession hearing was not a trial – cf Forcelux v Binnie (2009) EWCA Civ 854 (our report). [read post]