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30 Jul 2024, 1:23 am
Listing does not relate to practicality or utility, but to matters like historical and aesthetic value. [read post]
29 Jul 2024, 7:51 pm
Biskupic reveals the vote was 6-3. [read post]
26 Jul 2024, 10:08 am
So does the Supremacy Clause mean tacos can’t be sandwiches in Fort Wayne? [read post]
25 Jul 2024, 3:55 pm
In a 6-3 decision authored by Chief Justice John Roberts, the Supreme Court overruled the longstanding Chevron doctrine—under which federal courts would defer to federal agencies’ interpretation of their own statutes if the underlying statute was ambiguous and the interpretation was reasonable. [read post]
25 Jul 2024, 2:45 pm
John Deere Co., 383 U.S. 1 (1966), the Supreme Court held that the determination of obviousness requires four sets of factual findings: (1) the scope and content of the prior art; (2) the differences between the prior art and the claims; (3) the level of ordinary skill in the art; and (4) secondary considerations such as commercial success, long felt but unsolved needs, the failure of others, copying by others, and industry praise. [read post]
25 Jul 2024, 12:36 pm
John Maloof v. [read post]
25 Jul 2024, 6:30 am
In doing so, LaCroix does not minimize Americans’ concerns about disunion, nor does she ignore the very real threats they faced to their national order. [read post]
25 Jul 2024, 6:15 am
Nor does it speak to Mr. [read post]
24 Jul 2024, 2:45 pm
E. coli O157:H7 is one of thousands of serotypes Escherichia coli.[1] The combination of letters and numbers in the name of the E. coli O157:H7 refers to the specific antigens (proteins which provoke an antibody response) found on the body and tail or flagellum[2]respectively and distinguish it from other types of E. coli.[3] Most serotypes of E. coli are harmless and live as normal flora in the intestines of healthy humans and… [read post]
24 Jul 2024, 9:48 am
It is important to keep in mind that Art. 1 Protocol 1 codifies an autonomous concept of “possessions” that does not correspond to a traditional understanding of ownership. [read post]
24 Jul 2024, 6:30 am
LaCroix does not settle for the easy or the familiar. [read post]
24 Jul 2024, 6:27 am
But as Judge Cannon herself acknowledged on page 3 of her opinion, in truth it’s not a constitutional question at all. [read post]
23 Jul 2024, 2:51 pm
In Corner Post, the Court held the statute of limitations for challenging an agency rule under the Administrative Procedure Act does not begin to run until a plaintiff is “injured” by the rule. [read post]
22 Jul 2024, 9:05 pm
In a short, unanimous opinion by Chief Justice John Roberts, the Court rejected the U.S. [read post]
22 Jul 2024, 1:11 pm
" But she does not identify those facts, and neither "censor" nor "Minister of Truth" makes apparent what those facts could be…. [read post]
22 Jul 2024, 6:08 am
IHL’s classification of armed conflict requires consideration of factors related to a group’s: (1) command structure; (2) ability to carry out operations in an organized manner; (3) logistics; (4) discipline and ability to implement the obligations of Common Article 3 (CA3) to the 1949 Geneva Conventions; and (5) ability to speak with one voice (see the International Criminal Tribunal for the former Yugoslavia’s (ICTY) judgment in the Boškoski and… [read post]
22 Jul 2024, 5:32 am
Jarksey split 6-3. [read post]
22 Jul 2024, 5:01 am
" Judge Legge ultimately declined to apply Article 3(a) and certified Artt for extradition. [read post]
17 Jul 2024, 6:00 am
"[A] government entity that does not supply any record in response to a FOIL request 'shall certify that it does not have possession of such record or that such record cannot be found after diligent search' " (Matter of Thomas v Kane, 203 AD3d 1487, 1489 [3d Dept 2022], quoting Public Officers Law § 89 [3] [a]). [read post]
17 Jul 2024, 6:00 am
"[A] government entity that does not supply any record in response to a FOIL request 'shall certify that it does not have possession of such record or that such record cannot be found after diligent search' " (Matter of Thomas v Kane, 203 AD3d 1487, 1489 [3d Dept 2022], quoting Public Officers Law § 89 [3] [a]). [read post]
