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12 Oct 2010, 8:30 am by Brad Wendel
  For what it's worth, in addition to the cases mentioned, my list of canonical cases would include:  Togstad (formation of atty-cl relationship); Upjohn (corporate atty-cl privilege); Fordham (reasonableness of fees); and maybe Birbrower (UPL and MJP). [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]
16 Sep 2010, 6:39 am
In the past, for example, I have wondered 'just what's the difference between Rob Lowe, Matthew Broderick, and Tom Cruise, anyway' or even among Lee Iacocca, Ed McMahon, and Helmut Kohl for that matter. [read post]
13 Sep 2010, 2:48 pm by Robert Hockett
In the past, for example, I have wondered 'just what's the difference between Rob Lowe, Matthew Broderick, and Tom Cruise, anyway' or even among Lee Iacocca, Ed McMahon, and Helmut Kohl for that matter. [read post]
9 Sep 2010, 6:57 pm by Eugene Volokh
  Nathan Dane’s influential 1823 General Abridgment and Digest of American Law similarly treated the Bill of Rights as providing that “the jury in criminal matters must be unanimous. [read post]
31 Aug 2010, 7:29 am
Cl. 1963), established the principle that contract clauses addressing “a deeply ingrained strand of public procurement policy” are “incorporated, as a matter of law, into [the] contract…. [read post]
22 Aug 2010, 2:15 pm
§ 103(a), a patent is invalid "if the differences between the [claimed] subject matter . . . and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. [read post]
17 Aug 2010, 6:16 am by Sheppard Mullin
Cl. 1963), established the principle that contract clauses addressing “a deeply ingrained strand of public procurement policy” are “incorporated, as a matter of law, into [the] contract…. [read post]
10 Aug 2010, 2:08 pm by Lawrence Solum
Viewing the case as a matter of government benefits, the Court held that CLS was obliged to comply with an “all comers” condition on access to benefits, despite the burden on CLS members’ expressive associational, free speech and religious freedom to organize around religious beliefs. [read post]
4 Aug 2010, 12:51 pm by Mike Sykuta
I,§ 8, cl.8, by rewarding creativity, and its principal function is the protection of original works, rather than ordinary commercial products that use copyrighted material as a marketing aid. [read post]
30 Jul 2010, 7:59 am
On “directly-related” 4/03 says (the support for point 10 above):“"computer software" is classified in cl. 9 because of the presence of the general indication "data processing equipment and computers" in that class, because computer software is seen as directly related to the corresponding apparatus or equipment. [read post]
1 Jul 2010, 4:07 am
 In other words, in FAIR, the military seeking an exemption from an access policy was a matter of seeking equality, while in CLS, a student group seeking an exemption from a similar access policy was a matter of seeking a special privilege. [read post]