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15 Dec 2015, 12:54 pm by Benjamin Wittes
No other military, including ours, takes such measures as a matter of routine. [read post]
14 Dec 2015, 5:36 am
In determining whether a statute is void for vagueness, the focus of the inquiry is statutory clarity. [read post]
9 Dec 2015, 9:20 am by Richard Primus
  I’m no national-security expert, but I have no trouble making that judgment. [read post]
8 Dec 2015, 7:22 pm by Ed Gehres
Goldstein then jumped into the broader argument that the Court ought to abolish civil tort jurisdiction over non-Indians, as it did for criminal matters in Oliphant v. [read post]
8 Dec 2015, 2:10 pm by Joseph Fishkin
 The Evenwel argument took place on the high and arid terrain of abstract theories of voting and representation, not the factually rich, close-to-the-ground inquiries of a Voting Rights Act case. [read post]
3 Dec 2015, 6:00 am by Administrator
Each Thursday we present a significant excerpt, usually from a recently published book or journal article. [read post]
30 Nov 2015, 7:36 am by Eric Goldman
Relying on Section 230(c)(1) bypassed the need for that factual inquiry, so the judge could resolve this case now. [read post]
30 Nov 2015, 4:52 am by SHG
 There was no need to argue over whose death mattered more. [read post]
23 Nov 2015, 9:15 pm
Contents include:Philip Alston & Sarah Knuckey, The Transformation of Human Rights Fact-Finding: Challenges and Opportunities Frédéric Mégret, Do Facts Exist, Can they Be 'Found', and Does it Matter? [read post]
23 Nov 2015, 2:55 pm by Benjamin Wittes
I'm disinclined to rehash the tawdry history of this episode in any detail. [read post]
22 Nov 2015, 3:00 am by Matrix Legal Information Team
In the matter of J (A child), heard 17 November 2015. [read post]
20 Nov 2015, 10:03 am by Rebecca Tushnet
Purposes and limits (or not) in modern trademark law:  Wendy Gordon, Rebecca Tushnet RT: Stacey Dogan’s statement that as a practical matter we need justifications for copying/free riding—I didn’t want to believe it, but I’m coming around to that view. [read post]
17 Nov 2015, 6:18 am by Joy Waltemath
” Rather, “the relevant inquiry is whether there is ‘overall control of critical matters at the policy level. [read post]
16 Nov 2015, 8:30 am by Craig A. Hoffman
Do their tools work in your environment, and do you need individuals with specific subject-matter knowledge because you have a less-common environment? [read post]
13 Nov 2015, 5:30 pm by David Cheifetz
This is a factual inquiry. [read post]
10 Nov 2015, 8:40 am by John Jascob
He acknowledged that there was a facial appeal to the respondents’ arguments that Global IV is neither an underwriter nor a dealer, but as the inquiry is fact-specific, summary disposition would be inappropriate. [read post]
6 Nov 2015, 4:39 am
For Hoffman, at the end of the day, the intangible asset that really matters is the network. [read post]