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Overturning precedent on the Roberts court

In early December, the Supreme Court will hear oral arguments in cases asking the justices to overrule two longstanding ...
Law

Stare Decisis and the Evolving Definition of 'Parent'

Joel Brandes at the New York State Court of Appeals in September 2016 in Albany, New York. (Photo/Hans Pennink) “Stare decisis” means “to stand by things decided.” (Black’s Law Dictionary, 11th ed.
JD Supra

Examining the Level of Detail Required to Plead a Claim Under the Doctrine of Equivalents

Patentees face many challenges in trying to prove literal infringement, particularly when dealing with competitors who make trivial modifications ...

William Rehnquist, his clerk John Roberts and the Supreme Court precedent at the center of Trump’s tariffs case

Most judges who have considered President Donald Trump’s disputed tariffs have ruled against him. But when the Supreme Court ...
JD Supra

The Precedent: Federal Circuit Sidesteps Ruling on the Reverse Doctrine of Equivalents Theory in Steuben Foods Inc. v. Shibuya Hoppmann Corp

The court declined to rule on the issue and decided that Shibuya infringed claim 26 of U.S. Pat. No. 6,209,591 (the ’591 Patent) because, regardless of whether RDOE is a viable defense to patent ...
The Washington Post

Not Hooked on Precedent

Douglas T. Kendall [op-ed, Oct. 14] rightly points to the importance of the stability in our constitutional law that is brought by the doctrine of stare decisis -- the principle that the Supreme Court ...
The Salt Lake Tribune

Utah politicians rejoice at end of Chevron Doctrine; environmental activists are concerned

A Supreme Court ruling on Friday effectively ended the “Chevron Deference,” a doctrine that’s largely shaped American law for the past 40 years. This decision will significantly cut federal agencies’ ...
American Enterprise Institute

The Supreme Court Seems Unlikely to Revive Nondelegation Doctrine in FCC Case

Earlier this month, I previewed the arguments in Federal Communications Commission v. Consumers’ Research. The case asks the Supreme Court whether the FCC’s Universal Service Fund (USF) violates the ...
New York Sun

The Sinclair Precedent

You read it here first. The precedent being set by liberals in the campaign to silence the Sinclair broadcasting empire in its effort to air a documentary on Senator Kerry’s agitation against the ...