Patently O

JULY 24, 2024

Although these decisions may not have as significant an impact in patent law as in other areas, they do pose interesting puzzles with respect to stare decisis as well as agency rulemaking and discretion that will provide many litigation opportunities going forward. Meanwhile, Justice Gorsuch’s 2024 Ohio v.

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Stare Decisis Administrative Law Construction Laws 53

SCOTUSBlog

MAY 26, 2022

The Ohio Supreme Court held that neither the waiver of counsel nor the question about self-representation constituted a proper invocation of the Sixth Amendment right of self-representation, noting that the Supreme Court has said that a defendant must “clearly and unequivocally declare[]” his intention to proceed pro se under Faretta v.

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Stare Decisis Court Legal Legal 93

SCOTUSBlog

APRIL 27, 2022

Baltimore, Maryland, and Cincinnati, Ohio, like many cities, have municipal excise taxes on “outdoor advertising” — essentially, a business tax on rental billboard advertising space. The Ohio Supreme Court held that the Cincinnati tax was constitutionally impermissible under the First Amendment. City of Cincinnati, Ohio v.

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Statute Stare Decisis Court Drafting 91

SCOTUSBlog

NOVEMBER 7, 2022

Alito’s dissent in that case rested primarily on the doctrine of stare decisis – the idea that courts should generally not overturn their prior precedent unless there is a good reason to do so. Louisiana , holding that the Constitution establishes a right to a unanimous jury that applies in both federal and state courts.

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Stare Decisis Court Rules Court Government 85

SCOTUSBlog

APRIL 20, 2022

Tyrance McCall, a Florida resident, filed suit in Georgia against Cooper Tire & Rubber Company, a Delaware corporation with its headquarters in Ohio, after a 2016 accident in Florida resulted from the alleged failure of a tire that Cooper manufactured in Arkansas.

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Statute Stare Decisis Court Manufacturing 107

The Crime Report

NOVEMBER 19, 2021

Ohio was the biggest mistake made during the most liberal era in Supreme Court history, and why the concept of policing in a democracy has been struggling to regain its footing ever since. Ohio paved the way for what we have now—which is that police can stop virtually any person at any time. What was the biggest mistake there?

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Court Stare Decisis Court Decisions Law School 122