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1 Aug 2013, 10:52 am by WIMS
      By way of background, the Antiquities Act authorizes the President of the United States to declare by public proclamation historic landmarks, historic and prehistoric structures, and other objects of historic or scientific interest that are situated upon the lands owned or controlled by the Government of the United States to be national monuments. 16 U.S.C. [read post]
21 Jan 2020, 9:01 pm by Michael C. Dorf
Last week the Virginia legislature ratified the Equal Rights Amendment (ERA), thus becoming the 38th state to do so and satisfying Article V’s threshold (three quarters of the states) for an amendment to become part of the Constitution. [read post]
13 Feb 2013, 5:00 am by Kimberly A. Kralowec
  Either way, unfairness is independently sufficient to state a claim under the statute. [read post]
12 Mar 2009, 5:01 am
The court of appeals split the baby three ways (as Yogi Berra might say), holding that restitution is punitive, attorney's fees aren't, and court costs are kind-of. [read post]
22 Nov 2010, 4:59 am by David Canton
In Amazon, Justice Phelan held the appropriate test to identify a business method patent is the test set out in the Progressive Games Inc. v. [read post]
29 Jul 2009, 10:01 pm
 The Court states the issues as follows:  [T]he defendant sought to introduce expert testimony regarding, among other things, the following identification concepts:   (1) that witnesses who experience heightened levels of stress during a crime tend to make inaccurate identifications;   (2) that under the "weapons focus effect," witnesses tend to focus on a perpetrator's weapon as opposed to the perpetrator's facial… [read post]
31 May 2015, 8:51 am by Second Circuit Civil Rights Blog
It took the Court of Appeals 2.5 years to reach a decision in this case, holding in a 2-1 vote that the State of New York can regulate this speech.The case is Children First Foundation v. [read post]