Search for: "Application of Barrett"
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See(2)(A) You Later: Supreme Court Holds that DOJ Has Broad Dismissal Authority Even After Unsealing
21 Jun 2023, 9:59 am
Explaining that the application of the Federal Rules of Civil Procedure to federal civil litigations is standard, the Court affirmed the Third Circuit’s application of FRCP 41(a) to § 3730(c)(2)(A) motions to dismiss. [read post]
21 Jun 2023, 6:38 am
The Trademark Infringement Claim A new gateway requirement for application of the Rogers test. [read post]
20 Jun 2023, 9:01 pm
Barrett quoted an earlier decision that described Heller’s declaration as a “passing reference. [read post]
20 Jun 2023, 6:07 am
[Eric’s note: this is the post you’ve been waiting for: Prof. [read post]
19 Jun 2023, 12:42 pm
Will Justice Barrett, who just upheld this momentous social legislation turn around and say it is actually unconstitutional in most applications? [read post]
18 Jun 2023, 2:12 pm
This is not the first high-profile application of the FCA. [read post]
17 Jun 2023, 6:03 pm
Many media accounts have focused on the fact that Chief Justice Roberts and Justice Barrett have adopted children, which may help explain their vote. [read post]
16 Jun 2023, 12:04 pm
On June 8, 2023, the Supreme Court in a unanimous decision held that a trademark claim concerning “a squeaky, chewable dog toy designed to look like a bottle of Jack Daniels whiskey” which, as a play on words, turns the words “Jack Daniels” into “Bad Spaniels” and the descriptive phrase “Old No. 7 Brand Tennessee Sour Mash Whiskey” into “The Old No. 2 On Your Tennessee Carpet” does not receive special First Amendment treatment where the… [read post]
16 Jun 2023, 11:54 am
On June 8, 2023, the Supreme Court in a unanimous decision held that a trademark claim concerning “a squeaky, chewable dog toy designed to look like a bottle of Jack Daniels whiskey” which, as a play on words, turns the words “Jack Daniels” into “Bad Spaniels” and the descriptive phrase “Old No. 7 Brand Tennessee Sour Mash Whiskey” into “The Old No. 2 On Your Tennessee Carpet” does not receive special First Amendment treatment where the… [read post]
16 Jun 2023, 11:46 am
On June 8, 2023, the Supreme Court in a unanimous decision held that a trademark claim concerning “a squeaky, chewable dog toy designed to look like a bottle of Jack Daniels whiskey” which, as a play on words, turns the words “Jack Daniels” into “Bad Spaniels” and the descriptive phrase “Old No. 7 Brand Tennessee Sour Mash Whiskey” into “The Old No. 2 On Your Tennessee Carpet” does not receive special First Amendment treatment where the… [read post]
8 Jun 2023, 9:01 pm
Thus, according to Alabama and Justice Thomas (who was joined in whole by Justice Neil Gorsuch and in part by Justices Samuel Alito and Amy Coney Barrett), there was no racially discriminatory effect.In response to that contention, the majority cited Gingles. [read post]
8 Jun 2023, 6:30 pm
Justice Gorsuch, joined by Justices Thomas and Barrett, also joined with the majority opinion. [read post]
6 Jun 2023, 9:50 am
The opinion written by Justice Sotomayor, in which Justices Thomas, Alito, Gorsuch, Kavanaugh, Barrett and Jackson joined, held that the “purpose and character” of AWF’s commercial use of Warhol’s portraits of Prince shared the same commercial purpose of the original photograph taken by Ms. [read post]
5 Jun 2023, 11:49 am
The opinion written by Justice Sotomayor, in which Justices Thomas, Alito, Gorsuch, Kavanaugh, Barrett and Jackson joined, held that the “purpose and character” of AWF’s commercial use of Warhol’s portraits of Prince shared the same commercial purpose of the original photograph taken by Ms. [read post]
5 Jun 2023, 11:39 am
The opinion written by Justice Sotomayor, in which Justices Thomas, Alito, Gorsuch, Kavanaugh, Barrett and Jackson joined, held that the “purpose and character” of AWF’s commercial use of Warhol’s portraits of Prince shared the same commercial purpose of the original photograph taken by Ms. [read post]
2 Jun 2023, 9:59 am
Federal labor law normally precludes any application of state law to labor activity under a doctrine called “Garmon preemption. [read post]
31 May 2023, 12:23 pm
Lazarus, Associate Counsel to the President, Applicability of 3 C.F.R. [read post]
26 May 2023, 10:56 am
The opinion written by Justice Sotomayor, in which Justices Thomas, Alito, Gorsuch, Kavanaugh, Barrett and Jackson joined, held that the “purpose and character” of AWF’s commercial use of Warhol’s portraits of Prince shared the same commercial purpose of the original photograph taken by Ms. [read post]
25 May 2023, 9:03 pm
Joining Alito were Justices Roberts, Thomas, Gorsuch and Barrett. [read post]
18 May 2023, 6:30 am
If a constitution is perceived as “rigid” in its meaning and applications, does this almost guarantee the likelihood of “constitutional crises” when “emergencies” generate necessity arguments in favor of overriding the presumptive constitutional commands? [read post]
