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 Flast vs. Cohen

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updated Sat. February 16, 2019

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On appeal, the Federal Circuit has sided with the USPTO — affirming the IPR final judgment of unpatentability of Personal Audio's US Patent No. 8,112,504. The patent claims a system for “disseminating media … episodes in a serialized sequence.” The most interesting question addressed by the court is ...
If there is one thing that all stakeholders in Puerto Rico's fiscal crisis can agree on (and there are likely not many such things), it is that, without real economic growth, the commonwealth of Puerto Rico will neither be able to repay its creditors nor offer its residents a viable, let alone prosperous, future.

Id. (quoting Flast v. Cohen, 392 U.S. 83, 95 (1968)). Standing is an essential and unchanging part of the case-or-controversy requirement and is therefore a prerequisite to our jurisdiction. See Lujan v. Defs. of Wildlife, 504 U.S. 555, 560 (1992). The gist of the question of standing is whether the plaintiff has a ...
The Court allowed taxpayers to sue to challenge government support for religion (Flast v. Cohen) and greatly restricted the ability of the government to give aid to parochial schools (Lemon v. Kurtzman), especially if it is a type that could be used for religious instruction. The Court limited religious symbols, ...
With all parties present, this joinder difficulty disappears. Thus in Flast v. Cohen, the plaintiff was allowed to mount an Establishment Clause challenge transfers of property by Congress to religious schools. But similar suits were not allowed against transfers by administrative departments or by presidential ...

But the Supreme Court made an exception for religious spending by the government in 1968 in Flast v. Cohen. The issue that divided the majority and the dissenters on Monday was whether granting a tax credit was the functional equivalent of collecting and spending tax money. Writing for the majority, ...
See Flast v. Cohen, 392 U.S. 83, 96 (1968) (quoting C. Wright, Federal Courts 34 (1963)). Elsewhere, in Marbury itself, Chief Justice Marshall ...

Compare Flast v. Cohen, 392 U.S. 83 (1968); Everson v. Bd. of Education, 330 U.S. 1 (1947). Villa's allegation that her taxes have been used to ...
The plaintiffs' case relied on Flast v. Cohen, a 1968 Supreme Court ruling that allows taxpayers to mount an Establishment Clause challenge to ...
Id. (quoting Flast v. Cohen, 392 U.S. 83, 95 (1968)). ”Standing is an essential and unchanging part of the case-or-controversy requirement” and ...
The United States Supreme Court declared in Flast v. Cohen (1968) that the gist of the question of standing is whether the party seeking relief ...
But the Supreme Court made an exception for religious spending by the government in 1968 in Flast v. Cohen. The issue that divided the ...
Id. (quoting Flast v. Cohen, 392 U.S. 83, 95 (1968)). "Standing is an essential and unchanging part of the case-or-controversy requirement" and is therefore a prerequisite to our jurisdiction.


 

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