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21 Apr 2022, 6:30 am by Guest Blogger
  In an originalist vein, progressives might, for example, try to mobilize recent research by Jonathan Gienapp and David Schwartz suggesting that the Constitution’s Preamble was not intended to be merely hortatory and hence affords an untapped source of interpretive guidance and national government power. [read post]
3 Jan 2022, 12:58 am by Peter Mahler
Here’s how the Appellate Division, First Department handled such a case in a decision last year in Billig v Schwartz: While it is somewhat unclear as to whether the motion court granted plaintiffs’ motion to amend, the issue is not determinative. [read post]
30 Jul 2021, 8:21 am by Editor Charlie
According to US Consumer Price Index (CPI) statistics during those seven decades, the buying power of 2 cents in 1909 required the approximate equivalent of 14 to 15 cents in 1978.[8]  A songwriter or composer would have needed to earn about 750% of the original 2 cent royalty rate to have maintained his or her cost-of-living standard. [read post]
28 Apr 2021, 6:04 am by Eleonora Rosati
As IPKat readers will know, a few weeks ago the US Supreme Court delivered its much-awaited judgment in Google v Oracle. [read post]
23 Apr 2021, 1:28 pm by ernst
LeeExecutive Power and the Rule of Law in the Marshall Court: A Rereading of Little v. [read post]
11 Apr 2021, 9:30 pm by ernst
Maryland, Slavery, the Preamble, and the Sweeping Clause, a review essay on David Schwartz’s The Spirit of the Constitution: John Marshall and the 200-Year Odyssey of McCulloch v. [read post]
8 Apr 2021, 9:52 am by Eric Goldman
  (Slip. op. at 9)  At the time, Sun’s CEO, Jonathan Schwartz, publicly congratulated Google, and he later testified that he didn’t think Google needed Sun’s permission to use the declaring code of the Java API in this manner. [read post]
18 Mar 2021, 7:46 am by Alexander A. Reinert
I omitted 2009 so that I could better evaluate whether the Supreme Court’s 2009 decision in Pearson v. [read post]
10 Mar 2021, 10:15 am by Karen Gullo
Standing up to defend the ability of tech users to hold powerful companies responsible for protecting the massive amounts of personal data they capture and store every day, EFF and co-counsel Hausfeld LLP told the high court that—contrary to the companies’ claims—Congress rightfully ensured that users could sue when those companies mishandle sensitive, private information about them.EFF filed a brief today with the Supreme Court in a case called TransUnion v. [read post]
18 Feb 2021, 12:37 pm by Rebecca Tushnet
Victoria Schwartz: How to disintermediate? [read post]
12 Feb 2021, 3:32 pm by Rebecca Tushnet
Victoria Schwartz: © is about acquiring rights rather than giving them away. [read post]