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25 Oct 2022, 2:37 pm by Michael Lowe
  In these matters, the statute provides that the prosecution does not have to get a unanimous jury verdict on the issues of (1) which specific conduct engaged in by the defendant constituted an offense under Section 20.05 or (2) on which exact date the defendant engaged in that conduct. [read post]
4 Mar 2024, 5:56 pm
Because theCTA exceeds the Constitution’s limits on the legislative branch and lacks a sufficientnexus to any enumerated power to be a necessary or proper means of achievingCongress’ policy goals, the Plaintiffs are entitled to judgment as a matter of law. [read post]
19 Nov 2013, 12:16 pm by Steven G. Pearl
CLS Transportation L.A., LLC (6/4/12) 206 Cal.App.4th 949, review granted 9/19/12 (Case No. 204032): Putative wage and hour class action. [read post]
26 May 2018, 3:01 am
So, private laws, no matter it is IP law or tort law, basically put up fences around the room of privacy, and the task for procedural law is to fix the broken-down of the fence caused by the dishonest behaviours. [read post]
17 Jun 2023, 12:16 pm
Después, se expone brevemente sobre el testamento y su contenido para luego puntualizar en todo lo concerniente a la cláusula testamentaria y cómo debe ser establecida en el testamento. [read post]
24 Aug 2023, 9:41 am by Annsley Merelle Ward
The subject matter of that divisional patent related to the use of a well-defined dosage of DMF for the treatment of multiple sclerosis. [read post]
3 Sep 2024, 11:30 am by Annsley Merelle Ward
Although that ground of invalidity was not discussed by the Board of Appeal, which confirmed the revocation of EP 537 on the basis of added matter alone, the Court noted that it appeared relevant for the assessment of the prima facie validity of EP 873 given the strong similarities between the two patents. [read post]
10 May 2014, 12:23 am by Florian Mueller
Nevertheless, one effort after the other (recently, CLS Bank) is made to persuade judges to legislate from the bench. [read post]
17 Jan 2016, 8:02 am by Joseph Fishkin
I § 8 cl. 4) but also rules about who is a citizen at birth (an unenumerated power, very closely linked with that enumerated one, which it has exercised since 1790, when a statute provided that some children of U.S. citizens born abroad were to be deemed natural citizens at birth). [read post]
23 Jul 2018, 4:44 pm by Camille Fischer
As an initial matter, any nominee to the Supreme Court must appreciate how the Court’s rulings may impact digital rights now and far into the future. [read post]
17 Aug 2012, 6:34 am by Richard A. Epstein
At its end lay a level of judicial intervention, which no matter how sugar-coated, dwarfed by orders of magnitude such wimpy decisions as Lochner v. [read post]
16 Sep 2020, 12:08 am by JR Chaves
In the same sense of wide flexibility, the reference to the precept that the proceedings of evidence are agreed upon until the matter has been declared concluded for judgment, at which point the appointment for voting and ruling is made. [read post]
23 Sep 2010, 9:58 am by Betsy McKenzie
II, §2, cl. 1, with less authority to remove “inferior”military “officers” than to remove comparable civil officials. ...The majority sees “no reason . . . to address whether” any of “these positions,” “or any others,” might be deemed unconstitutional under its new rule, preferring instead to leave these matters for a future case. [read post]
19 May 2016, 9:01 pm by Vikram David Amar
Burwell, is a challenge brought by the House of Representatives as a body against the executive branch (various secretaries of executive departments) alleging that the White House is violating Article I, § 9, cl. 7—the so-called Appropriations Clause—of the Constitution by spending public monies that have not been specifically enough appropriated (or authorized for expenditure) by Congress. [read post]