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1 Dec 2023, 12:35 pm
While issues of state responsibility tend to be foregrounded usually those miss two significant points, (1) that exporting sates appear to be able to act with impunity and the receiving state appears to bear the greater responsibility to prevent-mitigate-or remedy (e.g. here; and here); and (2) little attention is paid to the micro-issues of human consequences (e.g., here). [read post]
11 Feb 2018, 9:01 pm by Sherry F. Colb
The US Supreme Court heard argument last month in McCoy v. [read post]
15 Dec 2022, 11:17 am
The Supreme Court's ruling this past summer in New York State Rifle & Pistol Association, Inc. v. [read post]
10 Oct 2018, 11:28 am by John Elwood
While it’s not uncommon in cert petitions to include a little background information before stating the questions presented, this is the first one I can recall seeing in which that information spans three pages. [read post]
7 Apr 2017, 12:30 pm by John Elwood
But we’re handicapping that as a hold for another redistricting case out of the same state, McCrory v. [read post]
25 Aug 2010, 5:54 am
Interestingly, the question the IPO asked its 'Interests' (in order to advise HMG how it should respond) was different to the question posed by the Court of Justice of the European Union (ECJ):Whether customs authorities should detain goods bearing a Community trade mark that are in transit through the EU from a non-Member State to another non-Member State, in the absence of evidence that they will be diverted onto the market in Member States. [read post]
12 Jan 2017, 12:04 pm by Edith Roberts
Texas Division, Sons of Confederate Veterans, Inc.) that because “the specialty plates bear sufficient indicia of private speech, … a reasonable and fully informed observer would recognize the message on the ‘Choose Life’ specialty plate as the message of a private party, not the state,” and “the messages communicated on specialty plates are private speech, not government speech. [read post]
16 Mar 2007, 7:45 am
In preparing a more detailed paper on errors in Innovation and Its Discontents (Jaffe and Lerner, Princeton University Press, 2004), I revisited the brief of eBay in the eBay v. [read post]
14 Oct 2008, 5:55 pm
Oftentimes, cities and states bear a substantial portion of the cost of the stadiums. [12] While the afore mentioned reasons are the strongest points for cities bearing a portion of the cost for stadiums, oftentimes, those reasons may actually lack credence. [read post]
7 Sep 2022, 5:23 am by Eugene Volokh
It is widely accepted that, consistent with the Dormant Commerce Clause, a firm doing multistate business must bear the cost of discovering and complying with state laws—tort laws, tax laws, franchise laws, health laws, privacy laws, and much more—everywhere it does business.[21] People and firms operating in "real space" must take steps to learn and comply with state law in places they visit or do business, or must avoid visiting or doing business in… [read post]
29 May 2014, 10:50 am by Guest Blogger
If Madison were truly the chief architect of the Constitution, what he said and wrote (in 1787) bears heavily on the meaning of that document. [read post]
6 Sep 2023, 9:01 pm by renholding
Without a seat at the official table, these firms have little control over CAT costs. [read post]
6 Aug 2018, 11:43 am by Anthony Gaughan
” In any case, Erie’s legacy has rendered the days of state court giants like Cardozo little more than a memory. [read post]
6 May 2010, 8:51 am by John Hochfelder
We will follow this case closely and should the new verdict be challenged by either party as too little or too much, the following decisions will likely be relied upon by the trial judge or a new appellate bench: Johnson v. [read post]
3 Aug 2024, 9:05 pm by Kyle Bradley
Today, the Roberts Court not only differs greatly from earlier Courts, but it bears little resemblance to the Roberts Court in October 2005, when the Chief Justice first joined the Court. [read post]