Going forward, the
bright-line rule will continue to deny the claims of Peace Corps volunteers, and similarly situated U.S.
United States and the establishment of the third-party doctrine as a
bright-line rule in United States v.
(154) With respect to "workability," as I noted earlier, a
bright-line rule by definition is never "unworkable" in the sense of being unclear or difficult to apply.
Second, the Court could decide that physical presence is no longer the cornerstone of substantial nexus, and South Dakota's economic presence standard is sufficient to confer substantial nexus without sanctifying that law as the new
bright-line rule. Such a decision would avoid the criticism of judicial activism and is arguably consistent with the Court's historic approach to affirming specific state laws as constitutional.
While the focus of these parts is on illustrating the flaws in the Sixth Circuit's legal analysis, it will also introduce the complications that arise from the Ninth Circuit's average audience test, which do not exist under the Sixth Circuit's simpler,
bright-line rule. Part IV will introduce scholarly criticism of another test used in copyright contexts--the substantial similarity test--and examine the ways in which the average audience test announced by the Ninth Circuit in VMG Salsoul shares the same flaws for which the substantial similarity test has been criticized.
644, 646 (2014) (providing an analysis of "
bright-line rules and open-ended standards" and "with what degree of specificity should the [c]ourt[s] enunciate controlling principles of doctrine").
(61) Other commentators have pointed out that "post-expiration royalties merely amortize the price of using patented technology" and therefore do not represent an extension in time of the patented monopoly." (62) Economists have called the Brulotte
bright-line rule "flawed" and contend that "allocative efficiency considerations should permit a licensor and licensee to agree to royalty terms." (63) Contrary to the reasoning in Brulotte, U.S.
Quill
bright-line rule analysis: The DMA argued that the bright-line physical presence test in Quill, which requires a retailer's physical presence in a state for the state to require a retailer to collect sales and use tax for the state, applied to the notice and reporting law.
Another example of a cliff effect used as a
bright-line rule for purposes of categorization is found in the definition of a nonchild relative qualifying as a dependent.
the Miranda warning itself reflects a
bright-line rule, courts must
The CFAA can be reduced to a
bright-line rule drawn around a box: if a person has no authorization to open the box, or exceeds authorization, then access to information inside the box is outlawed.
He suggests a
bright-line rule regarding searches of digital devices incident to arrest which he hopes the Supreme Court of Canada will adopt when it considers the Fearon case in the next few months.
That standard provides a
bright-line rule for taxpayers and tax administrators, protects against the retained jurisdiction over taxpayers with de minimis activity in a state, and furthers the goals underlying the Court's Dormant Commerce Clause doctrine.