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23 Jan 2024, 5:50 am
Some issues are nonjusticiable political questions precisely because of a lack of judicially discoverable and manageable standards.4) Even apart from the political question doctrine, the fact that a court decides that a statute means "A" rather than "B" does not imply that the court got that result using the tools of legal interpretation. [read post]
23 Jun 2016, 11:37 am
Fisher v. [read post]
18 Sep 2014, 11:17 am
Solis v. [read post]
20 Sep 2013, 5:25 am
Gustavson v. [read post]
13 Apr 2017, 9:49 am
" In KSR v. [read post]
25 Nov 2018, 7:31 pm
One thing that jumped up immediately for me was the standard of review that would be used in the new auto dispute system. [read post]
12 Feb 2012, 2:33 pm
The recent decision of the US Supreme Court in United States v Jones has brought one particular form of surveillance of suspected individuals to the fore in public debate, namely the use of global positioning surveillance (GPS). [read post]
11 Aug 2011, 5:14 am
But then the Supremes decided Berghuis v. [read post]
7 Feb 2012, 2:45 am
Swiss Watch International, Inc. v. [read post]
10 Jun 2022, 5:01 am
It used a stringent form of constitutional review to strike down all of the content restrictions in the Florida bill, but a less demanding standard to uphold some of the transparency rules. [read post]
8 Nov 2018, 1:36 pm
But, of course, many important parts of the Constitution are actually fairly precise, or at least have precise core meanings, despite some fuzziness at the periphery. [read post]
12 Apr 2010, 7:23 pm
In this case, the 5th Circuit refused to get caught up in the environmental issues, focusing strictly on its standards of review, and the precise legal question before it. [read post]
19 Mar 2019, 8:35 am
Common Cause and Lamone v. [read post]
18 Dec 2018, 10:47 am
See Caetano v. [read post]
4 Sep 2013, 3:32 am
Bayer loses in Bayer v. [read post]
21 Feb 2013, 1:17 am
Robart, clearly a thought leader and pioneer among U.S. federal judges with respect to FRAND, in the Microsoft v. [read post]
17 May 2011, 10:41 am
Law Lessons from Ming Yu He and Jinfang He v. [read post]
13 Mar 2015, 6:40 am
Doe, supra, standardis the correct standard for this case. [read post]
26 May 2017, 9:24 am
Here, the preponderance standard is easily satisfied.United States v. [read post]
16 May 2024, 9:19 am
See Weinberger v. [read post]
