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13 Oct 2016, 12:02 pm by Florian Mueller
Waxman, we're spending an awful lot of time on an issue about what was raised below, what wasn't raised below, what was raised below, what wasn't raised. [read post]
12 Oct 2016, 6:12 am by Steve Brachmann
In the words of Justice Kennedy: “Once you’ve identified the relevant article, then it seems to me necessarily what you’re doing is apportioning profits. [read post]
6 Oct 2016, 1:26 pm by Rory Little
Justice Anthony Kennedy asked questions harking back to his due process concurrence in Albright v. [read post]
5 Oct 2016, 2:03 pm by Amy Howe
” Such a ruling might not count as a complete win for the government, but in this case it would be – as Justice Anthony Kennedy said yesterday in a different context – “close enough. [read post]
5 Oct 2016, 6:36 am by Rory Little
” In other words, as Ginsburg later put it, “if we’re trying to find out what this jury found … how do we know that’s not what the jury decided? [read post]
26 Sep 2016, 4:43 am by Edith Roberts
In The Intercept, Lee Fang takes issue with Justice Anthony Kennedy’s recent refusal to respond to Fang’s request for a comment on Kennedy’s majority opinion in Citizens United v. [read post]
23 Sep 2016, 7:49 am by Victoria Kwan
“You’re not very valuable to people if you can’t make up your mind. [read post]
16 Sep 2016, 12:20 pm by MBettman
In re Hua, 62 Ohio St.2d 227 (1980) (Ohio Due Course of Law provision coextensive with the Due Process Clause of the Fourteenth Amendment.) [read post]
13 Sep 2016, 2:40 pm by Steven Boutwell
  Only the manufacturing process and the physical and chemical components and the materials involved in the process are germane to the “purpose” test.[8] (5)       There is no legal basis for an “apportionment” approach to the further processing exclusion, whether based upon the percentage of the material or some assigned value of the components that actually end up in the end product, and any such approach is impractical in application.[9]… [read post]
11 Sep 2016, 4:04 am by SHG
But the New York Times says Michigan prosecutors don’t, and they’re “defying” the Supreme Court’s rule. [read post]
31 Aug 2016, 11:07 am by Sherrilyn Ifill
At oral argument in Fisher II, Justice Kennedy expressed exasperation with revisiting a similar issue over and over, stating “we’re just arguing the same case . . . . as if nothing had happened. [read post]
29 Aug 2016, 7:10 am by Darren E. Tromblay
Kennedy and more recently, the likely Russian government-sponsored release of emails that suggest political machinations within the DNC); and portraying the U.S. government as indifferent and weak when it comes to the needs of its population – a theme usually accompanied by the token gesture of a foreign government, such as Venezuela in its subsidized heating oil program. [read post]
23 Aug 2016, 10:45 am by Susan Hennessey
Yesterday, Amie Stepanovich of Access Now tweeted: If you're writing about gov hacking and only citing men-- PSA: @evacide, @granick, @Riana_Crypto, @Susan_Hennessey all worth talking to. [read post]
23 Aug 2016, 8:54 am by MBettman
On August 31, 2016, the Supreme Court of Ohio will hear oral argument in the case of In re: (C.C.S.), (C.L.S.) v. [read post]