Alvarez-Machain, the Supreme Court adopted a bright-line rule
stating that the "foreign country" exception to waiver of government's immunity "bars all claims against [the] government based on any injury suffered in a foreign country, regardless of where the tortious act or omission giving rise to that injury occurred." (82) With such a bright-line rule
in place, the district court needed only brief analysis of the plaintiffs claim in Thompson to find that the foreign country exemption barred the Peace Corps volunteer's claim against the agency, which arose from an injury suffered while serving in Burkina Faso.
(6) The digital world--a world in which technology and mobile devices are extensions of our own bodies, tracking our every conversation, every move, every purchase, every internet search--was becoming one in which the bright-line rule
of voluntary disclosure could no longer thrive.
(135) The majority stuck with a bright-line rule
to define parent by biological or formal legal ties (adoption, identified in Alison D., or, as in the case of Debra H., civil union) for two reasons.
First, the Court may decide that South Dakota's economic indicia ($100,000+ sales or 200+ transactions) is the new bright-line rule
. Such a decision seems somewhat unlikely for several reasons.
(17) While the Ninth Circuit's opinion is persuasive in its legal analysis, which focuses heavily on congressional intent, (18) the average audience test for de minimis use that follows from its ruling creates certain significant problems that do not exist under the Sixth Circuit's bright-line rule
prohibiting all unlicensed sampling.
Roberts explicitly declined to provide a "bright-line rule
" or to "elaborate on what 'appropriate' progress will look like from case to case." Roberts further wrote that courts should give "deference" to the "expertise and exercise of judgment by school authorities." Because of this lack of clarity, there is in fact no guarantee that Drew's parents will ultimately prevail.
where the Supreme Court abolished the bright-line rule
of "objective recklessness." (191) The objective recklessness standard was a widely used criterion for proving that a patent was willfully infringed.
Supreme Court established a firm and bright-line rule
in Brulotte v.
The court broke the discussion of its decision into three parts: an overview of the dormant Commerce Clause doctrine; an analysis of the effect of the bright-line rule
from Quill Corp.
A methodology is then provided by which these costs can be compared to the potential savings provided by the bright-line rule
of the cliff effect.
On appeal, the 9th Circuit reluctantly upheld the lower court's decision even though it found the rationale behind Brulotte to be "counterintuitive" and "arguably unconvincing." The court also acknowledged that in applying this bright-line rule
,licensors who did not know of Brulotte when making a license agreement -- people such as Kimble -- would effectively be robbed of the benefit of the bargain.
to adopt a "bright-line rule
" according to which "a