Tag Archives: precedent

Sometimes you've just got to shrug and live with the precedent you've got

There comes a time in every teaching semester (usually very early on…) where you have to coax your students to be comfortable with courts contradicting each other. You have to teach them to distinguish the cases, to make sense of… … Continue reading

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In Munich iPhone case, Qualcomm wants thin air to infringe software patent claim limitations: dangerous precedent possible

The name of the game is the claim. There's no German equivalent, at least none that rhymes, but I vividly remember Quinn Emanuel's Dr. Marcus Grosch stressing this point when he was defending Motorola Mobility against Microsoft, particularly in the … Continue reading

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11th Circuit Affirms Order To Remove Cross From Park, But Expresses Disagreement Precedent

In Kondrat'Yev v. City of Pensacola, (11th Cir., Sept. 7, 2018), a 3-judge panel of the 11th Circuit Court of Appeals, feeling bound by prior 11th Circuit and Supreme Court precedent, affirmed a Florida district court's Establishment Clause decision ordering … Continue reading

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Court Rejects 2013 Precedent Granting Habeas Relief, Holds Confrontation Clause Not Violated

In Mitchell v. Superintendent Dallas SCI, No. 17-3118 (Aug. 23, 2018), the Court upholds the denial of relief to a habeas petitioner whose codefendant had prevailed on the very same claim in 2013. At issue was the admission of a … Continue reading

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Legal Research, Legal Reasoning and Precedent in Canada in the Digital Age

Hat tip to Canada’s online legal magazine Slaw for calling attention to Jonathan de Vries, Legal Research, Legal Reasoning and Precedent in Canada in the Digital Age, 48 Advocates’ Quarterly 1 (2018). Here’s the abstract: The past few decades have … Continue reading

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