Muammar Gaddafi has run Libya — and granted
clemency pleas — since 1969.
Call Blawgletter crazy, but we wonder why President George W. Bush commuted I. Lewis "Scooter" Libby, Jr.’s entire 30-month prison sentence instead of taking a more modest step — such as using his clemency powers to keep Mr. Libby out of prison
Six years ago, in Festo Corp. v. Shoketsu Kinzoku Kogyo Kabashiki Co., 535 U.S. 722 (2001), the Supreme Court considered how changing a patent application during its prosecution limits later claims of infringement under the doctrine of equivalents. The Court held that amendment of the Festo application didn’t necessarily preclude infringement by Shoketsu’s device
Ralph Waldo Emerson liked philosophical flexibility. So he, famously, equated “a foolish consistency” with “the hobgoblin of little minds”.
This week, President Bush proved his kinship with Emerson by commuting the 30-month sentence of I. Lewis “Scooter” Libby, Jr., for perjury and justice obstruction.. How so, you say? By using his own special clemency-granting process.
The Seventh Circuit held yesterday that it lacked jurisdiction to review an order remanding a case to state court — despite the plaintiff’s failure to join and serve an in-state defendant at the time of removal. The court deemed the order unreviewable because it constituted a remand for lack of jurisdiction within 28 U.S.C. 1447(c).
President Bush yesterday backtracked on his pledge to let the legal process for I. Lewis “Scooter” Libby, Jr., run its course, commuting his sentence from 30 months in prison to several days of worrying about how far Mr. Bush would go in granting clemency.
Blawgletter confesses to hoping, forlornly, that Mr. Libby would spend his
In the Latest Issue of Barnett’s Notes on Commercial Litigation
1. What Makes a Good Law Partner?
2. Did You Know? Lee Godfrey Makes Us Proud.
3. Supreme Court Roundup. The worst term in memory for commercial plaintiffs.
4. Thank You for Arguing: Relevance of Rhetoric. I beg you not
William H. Herndon (1818-91). Law partner to Abraham Lincoln — and later his harshest critic.
Congratulations. You made partner. Hooray. Woo-hoo.
But consider: does becoming partner really improve your looks? Does it make you smarter? Turn you wiser?
Er. Not really. Not at all, really.
The big change is a new, kinda sorta mystical, bond
The Ninth Circuit dissolved a preliminary injunction yesterday because the district court clearly erred in finding the "likelihood of confusion" element of a trade dress claim. The plaintiff sought the injunction to prevent sales of "Freek" energy drinks, which it alleged infringed its trade dress for cans of "Monster" energy drinks. The court held that
