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Amici and Practitioners Attempt to Read the Arthrex Tea Leaves

March 2, 2021
Yesterday, the Supreme Court heard oral arguments in the most closely-watched patent case of the term, United States / Smith & Nephew v. Arthrex. IPWatchdog reached out to some of the amici in the case, as well as patent practitioners and other stakeholders, to get their take on how the hearing went and what the future holds for the…
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Biden’s Hurdle: Courts Dubious of Rule by Regulation

March 2, 2021
President Biden is moving swiftly on his agenda to remake large parts of the economy by wielding the powers of the executive branch. He signed more than 30 executive orders in his first month, nearly as many as the past four presidents combined at this point in their terms. He is about to run into a formidable…
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Supreme Court To Hear Challenge To HHS Nominee Xavier Becerra’s Attempt To Sic Mobs On Conservative Donors

March 2, 2021
On Monday, the New Civil Liberties Alliance filed an amicus brief in the Supreme Court supporting petitioners against Joe Biden’s Health and Human Services nominee Xavier Becerra’s attempt as attorney general of California to out nonprofit donors for leftist harassment. “The attorney general’s demand that charities turn over the names of their top donors is nothing more…
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Wyoming Supreme Court Overturns Ruling Using “Guidance” to Block Mining

February 25, 2021
In a victory for property rights with nationwide implications, the Wyoming Supreme Court has ruled that county regulators cannot restrict people’s conduct based on nonbinding guidance documents. The court’s decision is a setback for public officials accustomed to using administrative regulations to impose their will. The case, Asphalt Specialties Co., Inc. v. Laramie County Planning Commission,…
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Professor Punished by Kangaroo Court Asks Supreme Court to Let Him Punish University Officials

February 25, 2021
Can a professor hold university officials personally accountable for violating his constitutional rights when they deliberated with lawyers before doing it? The New Civil Liberties Alliance posed the question to the Supreme Court in a petition seeking review of a 5th U.S. Circuit Court of Appeals ruling that granted “qualified immunity” to University of North Texas officials.…
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A Return To Rule By Guidance Document?

February 23, 2021
In a step backward for due process, the Biden Department of Labor has revoked a Trump‐​era policy meant to rein in the use of informal guidance documents to issue regulatory commands. Per Allen Smith at the Society for Human Resource Management, this raises the likelihood that the department will move to reshape the American workplace through a rapid “stream…
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