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21 May 4:46 pm
... third axis, or to use Jan's terminology the z-axis, is that it very difficult to assess whether a new Justice can be successful in moving
the median. No doubt a motivating factor behind the nomination of John Roberts as Chief Justice was the hope by ... court judge, though I think
that the emphasis on prior judicial experience is seriously overblown and unnecessary. Second, she does not have a great deal of litigation
experience, particularly before the Supreme Court, but that did not seem to harm ...
15 Oct, 2008 10:39 pm
... in removing those videos. i.e., EVIDENCE supporting his position. I find it ironic that John McCain wants to rely on EVIDENCE when evidence
is exactly what he ignored or refused to review, ... his political messages, and I agree he has that right, but so does every single American
Citizen. Former sex offenders, as American Citizens, have ... take the appropriate action with YouTube. In closing we should all remember the title of John McCain's S-431 "Keeping the Internet Devoid of Sexual Predators Act ...
17 Jul, 2008 3:01 pm
... based on the highest scheduled payment in the first seven years of the loan - To show that a lender violated this prohibition, a borrower does not need to demonstrate that it is part of a "pattern or practice" - A creditor must consider a "piggyback" second-lien transaction of which ... will be
phased in during 2010. If you have any questions on this information, please contact Mr. John L. Day, Jr., Esq. Mr. Day is a partner in the
Bankruptcy Department of the Real Estate Default Group at Weltman, ...
10 Dec, 2007 10:11 am
... of Homer, Alaska, more than 1,000 people signed petitions supporting Hogan. The city council passed a resolution urging that Customs officials show "some sense of proportionality"
in the Hogan case. The Customs Service expressed its position in a letter written by John Elkins, acting director of the Service's regulatory
procedures and penalties division in Washington, D.C., to the Customs Service's Anchorage office. Elkins said that it is not enough to warn crewmembers of the drug program, as ...
16 Oct, 2008 5:16 am
... work, the judges said, well, you know, it's taken you too long to bring this lawsuit, even though she didn't know about it until fairly recently. We tried to overturn it in the
Senate. I supported that effort to provide better guidance to the courts; John McCain opposed I think that it's important for judges to
understand that if a woman is out there trying to raise a family, trying to support her family, and is being treated unfairly, then the court has to stand up, if nobody else will. And
...
16 Oct, 2008 5:16 am
... work, the judges said, well, you know, it's taken you too long to bring this lawsuit, even though she didn't know about it until fairly recently. We tried to overturn it in the
Senate. I supported that effort to provide better guidance to the courts; John McCain opposed I think that it's important for judges to
understand that if a woman is out there trying to raise a family, trying to support her family, and is being treated unfairly, then the court has to stand up, if nobody else will. And
...
17 Aug 1:27 am
... suspicion to believe that Drive Z contained child pornography. Reasonable suspicion, as Wikipedia explains, is a lower standard than
probable cause; reasonable suspicion lets the Customs officer detain John Doe for a reasonable period of ... .S. Supreme Court held that
a violation of Miranda (i) requires the suppression of statements (testimony) made by the suspect but (ii) does not require the suppression of
physical evidence law enforcement obtains as a result of the suspect's statements. In the ...
8 Oct 1:16 pm
A John Doe complaint filed by LiveNation, licensee for Jay Z, in anticipation of a Jay
Z concert in Massachusetts. UPDATE: In the comment below a reader asks: Does the law really permit
the filing of such a speculative ... specificity such that a marshall can make a determination whether a shirt constitutes a counterfeit, with a high degree of accuracy (for example,
does the shirt bear the registered logo of the band, or not?). A court may blue-pencil plaintiff's requested parameters of the seizure ...
4 Sep 3:44 am
... or analogous to a witness' testifying in court. Finally, "incrimination" means that my testimony directly ("I murdered John Doe") or
indirectly ("I was at John Doe's home the day he was murdered") implicates me in the commission of a crime. To take the privilege ...
same reasons I think Boucher should have been able to invoke the 5th Amendment and turn over the encryption key for the Z drive on his laptop.
Boucher, of course, originally won on that argument, but then lost, incorrectly IMHO. This is a ...
18 Mar 6:07 am
... rights, insofar as it grants the public a right to this publicly funded work, and in support of their objections, Rep. John Conyers,
Democrat of Michigan, has reintroduced into Congress the questionably entitled Fair Copyright in Research Works Act, HR ... considerable concessions to publishers who would use this
research to generate a profit margin or sustain a scholarly society. Not only does the NIH Policy ensure that "public access" only takes place
12 months after publication, but that what is ...
5 Sep 8:00 am
... case against Harris Associates, a mutual fund advisor, on the ground that as long as a mutual fund adviser does not breach the fiduciary
duty owed to shareholders by failing to disclose all pertinent facts ... and Austin Wakeman Scott Professor of Law Harvard Law School John C.
Coates IV John F. Cogan, Jr. Professor of Law and Economics Harvard Law ... LLC Co-Director Stanford Law School's Director's College Thomas
Z. Lys Eric L. Kohler Chair in Accounting and Professor of Accounting Information and ...
29 Mar, 2006 12:12 am
... descriptive adjective for such goods." The Board noted that the NEXIS and Internet excerpts were a "mixed bag": some of the evidence "does
not point unquestionably toward genericness," while several of the examples "appear to be references to applicant." Nutraceutical argued that evidence drawn ... words, another for
phrases -- can lead to some strange results. I wrote about the problem in Part II.B. of my article, "The TTAB in 2004 - What Was Hot, What Was Not." Text Copyright John L. Welch 2006.
30 Apr 3:15 am
... (Tenn. Work. Comp. Panel. Nov. 22, 2002), and Chapman v. E-Z Serve Petroleum Marketing Co., 2000 WL 527860 (Tenn. Work Comp. Panel May 02
... . 1997 WL 716879 (Tenn. Ct. App. Nov. 19, 1997), although once again it does not appear that the defendant challenged the ability of the
podiatrist to testify If a podiatrist is testifying about what he or she is licensed to do and actually does, why shouldn't he or she permitted
to testify? Shouldn't the fact that podiatry requires less overall schooling (as ...
16 Sep 7:10 pm
... reason? The bill "has zero chance of passage, even out of committee." Doesn't Frank's refusal doom the bill? "It does send a message that
it's a bad idea," says Frank. "But I want to send a message." Well, that's odd, because Frank ... because it will be seen to require states that oppose same-sex marriages to recognize
such unions from other states. The bill plainly does not do that, and Frank knows it. It simply requires the federal government to look to the
state where the couple was married in ...
18 May, 2007 12:59 pm
... that begins making life annuity payments when a person attains their life expectancy. Many retirees budget their retirement savings over their life expectancy. The insurance would
guarantee an income stream for those individuals who live longer than their expected life span. It's too soon to know whether this bill will become law, and what impact it will have if
it does. But it's good news that policy makers continue to seek solutions for Americans' chronic inability to save for retirement.
31 May, 2007 12:21 pm
... HR 1525) The House passed the I-SPY Act, sending it on to the Senate. This is the House's third time passing anti-spyware legislation. The past two years, the House passed the SPY
Act, only to have the bill die in the Senate. We'll see what the Senate does this year. As regular readers know, I've opposed just about every
anti-spyware/anti-adware law proposed/enacted. So, it may surprise you that I think the House's passage of I-SPY is good news. This doesn't mean that I-SPY is necessary or even ...
15 Jun 10:42 am
... Judge Stewart is always prepared and on top of the issues, moves the docket along promptly, shows a quick sense of humor and does not
suffer fools. Slip/fall cases are always tough to prove, and have only gotten tougher recently with the Court of Special ... go to trial. Moreover, our 10 a.m. hearing started at 10:03,
and I was back in the car on my way to the M&Z mothership in Glen Burnie, Maryland by 10:39. That's how a motions hearing should work! I
will let you know if the evidence that I ...
6 Mar 4:55 am
... ordering Boucher to produce the Department of Justice had the subpoena modified so that now it does not . . . seek the password for the
encrypted hard drive, but requires Boucher to produce ... subpoenas me and orders me to "produce the gun you used to kill John X." If I show up
and hand over a gun, I'm implicitly ... and used it to kill John X are a "foregone conclusion." Getting back to Boucher, the Justice Department
argued that by ordering him to produce an unencrypted version of the Z drive on his ...
31 Aug, 2007 11:08 am
... protection of members of the police department that are appointed to the position of chief of police and this protection does not compel
the conclusion that only members of the police department can be appointed as the chief ... statute of repose contained in Indiana Code Section 34-20-3-1 does not apply to Akaiwa's cause of action. We reverse." Mary Ann ... v. Charity Nevius, Personal Representative of Estate of Gary Nevius, deceased (NFP) In
John and Dorothy Arndt & Arndt, LLC v. Porter County Plan ...
20 Sep 11:03 pm
... how it relates to sampling will be discussed at length below. Today, on Blueprint III, [9] Jay Z has producer Kanye West, who is famed,
among other things, for his use of sampling ... creative abilities to sample another artist's work, he better hope that he does not gain too
much success for the fear that he will be sued for infringement. On the opposite end ... Films, 401 F.3d 647 (6th Cir. 2004). [18] Id. [19] John Schietinger, Bridgeport Music Inc. v. Dimension Films: How the Sixth Circuit Missed A ...
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