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24 Jun 2011, 5:12 pm by Richard D. Friedman
For the first time in a substantive Confrontation Clause opinion in the Crawford era (I’m not counting Whorton v. [read post]
11 Oct 2023, 6:30 am by Guest Blogger
  This, in turn, requires load-bearing methods of analyzing legal questions, methods of legal reasoning that successfully deflect the compliance inquiry away from deeply disputed questions of what fundamental rights and principles the constitutional essentials should contain. [read post]
22 May 2023, 1:05 am by Florian Mueller
I'm not saying Microsoft will initiate the closing process today--not because they couldn't, but because there still is time under the current merger agreement: well over a month to make further headway and minimize those financial, political, and reputational risks. [read post]
15 Aug 2013, 2:51 pm by Rebecca Tushnet
” (I’m not sure I fully get this—why wouldn’t the Sherman Act be preempted only to the extent it imposed non-identical requirements? [read post]
13 Feb 2008, 12:14 am
Covington agreed to represent Clemens in the congressional steroids inquiry without getting the league's sign-off -- a potential blunder that annoyed the league. [read post]
27 Apr 2022, 12:56 pm by Eugene Volokh
Esper's argument (which goes into this in considerable detail, and also discusses some possible distinctions between this case and Kensington); but I'm just not sure that First Amendment law really does preclude inquiries into legislative intent. [read post]
7 Jun 2017, 4:38 am by Susan Hennessey, Benjamin Wittes
But I'm talking about a situation where we were told to stop something for a political reason, that would be a very big deal. [read post]
30 Apr 2011, 5:22 am by Lawrence B. Ebert
Because “[s]ubject matter outside the scope of the claims falls outside of the best mode require- ment,” a “threshold step in a best mode inquiry is to define the invention by construing the claims. [read post]
18 Nov 2019, 12:12 pm by Ben Berwick, Justin Florence
” And on Nov. 14, after the first public impeachment hearing, Speaker of the House Nancy Pelosi said the testimony of the two witnesses “corroborated evidence of bribery uncovered in the inquiry. [read post]
18 Jul 2024, 12:00 pm
After a longer-than-expected hiatus, I'm finally back with the fourth installment of my advice posts for those going on the legal academic job market. [read post]
12 May 2019, 1:01 pm by Benjamin Wittes
So let me start by saying that I’m not saying Goldsmith’s critique of Mueller’s statutory analysis on obstruction of justice is wrong. [read post]
3 Apr 2012, 7:14 pm by Matt Brown
The matter has been briefed extensively, and the Court held a lengthy hearing. [read post]
5 Sep 2013, 8:55 pm
[…] [M]ethod claim 8’s description of the insurance transaction database is an almost verbatim duplicate of system claim 1’s description, even without an explicit reference to the claim folder. [read post]
12 Dec 2014, 10:29 pm by Lawrence B. Ebert
Judge Sleet found issues with four of the five Cubist patents related to daptomycin.As to the '967 patent:The court notes initially that several of Cubist's counterarguments as to whythe Woodworm article does not anticipate are more appropriately directed at anobviousness inquiry. [read post]
12 Oct 2010, 3:03 pm by NL
But it does not follow that, in the discharge of its prior duties (in particular of inquiry under s.184 and of review under s.202), the authority is not carrying out a function. [read post]
4 May 2012, 3:24 am by Susan Brenner
At one point another juror, Juror C, who had been `friended’ by Juror A during the trial, responded to her, saying, `[H]opefully it will end on [M]onday. . . . [read post]