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5 Jan 2011, 6:58 am
Over the past ten years, the practice of SEBI restricting a person’s constitutional right to carry on business and to lead life by way of ex parte orders has gained currency. [read post]
14 Nov 2019, 6:30 am by Dan Ernst
Such investigations have led scholars and jurists to question the power of federal courts to grant affirmative Ex parte Young relief and to issue what have come to be known as national or universal injunctions.This Article explores the Ex parte Young action and the power of federal courts to issue affirmative constitutional remedies in its name. [read post]
16 Jun 2022, 3:30 am by Richard Murphy
The scope of the federal courts’ equitable power associated with Ex parte Young remains remarkably unsettled. [read post]
1 Feb 2013, 8:12 am by Lawrence B. Ebert
See Ex parte Moncla, 95 USPQ2d 1884, 1885 (BPAI 2010) (Precedential) (Panels have the flexibility to not reach provisional obviousness-type double-patenting rejections.). [read post]
5 Oct 2022, 8:55 am by Lawrence Solum
But first, let’s talk about Ex parte Young itself. [read post]
24 Sep 2007, 3:56 pm
Bradley, Duke, has posted a new essay, The Story of Ex Parte Milligan: Military Trials, Enemy Combatants, and Congressional Authorization. [read post]
14 Feb 2013, 4:20 am by Scott A. McKeown
So, with the availability of the more robust IPR option, and the attendant price increase to ex parte reexamination, is there still value in pursuing an ex parte patent reexamination proceeding? [read post]
8 Jan 2014, 3:07 am by Lawrence B. Ebert
Ex parte NicolThe Examiner looks to a reference for all that it teaches and does not limit a reference to its preferred embodiments. [read post]
27 Nov 2014, 9:30 pm by Dan Ernst
Edward A Purcell, New York Law School, has posted Ex Parte Young and the Transformation of the Federal Courts, 1890-1917, which originally appeared in the University of Toledo Law Review 40 (2009). [read post]
28 Feb 2013, 10:53 am
“The Federal Courts have a power, independent of statute, to redress abuses of process, such as the failure to make full and frank disclosure of relevant information on an ex parte application,” he wrote. [read post]
7 Oct 2010, 1:51 pm by Gregory Forman
 The family court has attempted to fashion methods to challenge these (allegedly) improperly issued ex-parte orders but, if one remembers that there are special procedural rules regarding ex-parte temporary restraining orders, there is actually a very powerful remedy when such orders improperly issue. [read post]
7 Dec 2015, 7:37 am
 Are the ex parte seizure powers in the DTSA curtailed enough to prevent abuse? [read post]
23 Nov 2016, 12:34 pm by Eric Beasley
In a recent case before the Sixth Circuit Court in Tennessee, a plaintiff argued that an order allowing ex parte communications should be denied because Section 29-26-121(f) is an unconstitutional violation of the separation of powers. [read post]
23 Nov 2016, 12:34 pm by Eric Beasley
In a recent case before the Sixth Circuit Court in Tennessee, a plaintiff argued that an order allowing ex parte communications should be denied because Section 29-26-121(f) is an unconstitutional violation of the separation of powers. [read post]
6 Dec 2006, 6:21 am
In Ex Parte Young, the court rules that Article 28.061 (as it was applicable in this case - more on that later) of the Texas Code of Criminal Procedure violates the Separation of Powers doctrine from the Texas Constitution. [read post]
3 Apr 2018, 1:01 am by rhapsodyinbooks
In Ex parte Milligan, the Court was tasked with deciding whether Lincoln had followed the Constitution when he authorized martial law. [read post]
26 Aug 2010, 3:10 am by Scott A. McKeown
On Tuesday, the BPAI seemingly ended the 10 year saga of Ex Parte Gary E. [read post]
22 Apr 2013, 7:08 am by Lawrence B. Ebert
from Ex parte LeeWe also note in passing that the type of data being retrieved uponrebooting or power loss pertains to non-functional descriptive material.Non-functional descriptive material does not patentably distinguish overprior art that otherwise renders the claims unpatentable. [read post]
14 Mar 2010, 2:53 pm
Ex parte Karaoguz (Appeal 2009-001433; Serial No. 11/093,369; Tech. [read post]