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12 Mar 2013, 7:33 am by Docket Navigator
The Ninth Circuit has stated that '[u]nlike novel scientific theories, a jury should be able to determine whether asserted technical deficiencies undermine a survey’s probative value.'. . . [read post]
9 Mar 2013, 8:12 am by Venkat
The court's treatment of the events discussed in the tweets as "not real facts" is questionable, and the appeals court's affirmance also reflects a degree of online exceptionalism. [read post]
1 Mar 2013, 6:46 am
Dickson Medals for the preliminary rounds also went to U of A’s Mandy Kahlmeier and UQAM’s Julie Anne Marinier, who also received the McLachlin Prize for Top Female Oralist. [read post]
27 Feb 2013, 7:00 am by Benjamin Wittes
Down the other slope lies a government powerless to confront very real threats to the safety and lives of its citizens while terrorist figures operate with impunity from sanctuaries in ungoverned spaces. [read post]
23 Feb 2013, 5:12 am by Jack Goldsmith
’” The President is the nation’s Chief Executive and Commander in Chief, and since the founding of the nation (remember George Washington’s response to the Whiskey Rebellion of 1791?) [read post]
21 Feb 2013, 9:25 am by Rebecca Tushnet
  KSR makes a distinction between ordinary and real innovation—but there’s no such distinction in creativity research. [read post]
12 Feb 2013, 6:41 am by The Health Law Firm
Real Estate Comm'n, 281 So.2d 487, 491 (Fla. 1973);  Best Pool & Spa Service Co., Inc. v. [read post]
5 Feb 2013, 3:44 pm by Steve Vladeck
As I noted then, the Attorney General’s invocation of the balancing test for due process articulated in Mathews v. [read post]
22 Jan 2013, 10:56 am by Michael Froomkin
The Supreme Court recently addressed this very issue in Free Enterprise Fund v. [read post]