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21 Jul 2022, 3:00 am by Kevin Kaufman
America’s system of retirement accounts, while overly complex, is taxed neutrally, removing the tax bias against saving.[12] It is often hard to track capital income in retirement accounts, especially because it does not appear on IRS forms until it is distributed. [read post]
20 Jul 2022, 5:01 am by Eugene Volokh
But in practice, given how hard it is for government officials to accurately determine whether someone is sincere—especially when that someone holds beliefs the officials sharply condemn—and the chilling effect caused by this risk of error, it may be best to provide categorical protection rather than just an "actual malice" standard. [read post]
11 Jul 2022, 4:06 am by SHG
But it’s hard not to hope. [read post]
4 Jul 2022, 9:05 pm by John C. Coffee, Jr.
Concluding that the EPA had claimed to discover “an unheralded power” to effect a “nationwide transition away from the use of coal to generate electricity,” it ruled in a 6-3 decision, authored by the Chief Justice, that: “[I]t is not plausible that Congress gave the EPA the authority to adopt on its own such a regulatory scheme in Section 111(d)” of the Clean Air Act.[18] Chief Justice Roberts’ decision, while greatly disappointing to… [read post]
3 Jul 2022, 7:15 am by Jae Um
  Large organizations become more complicated because while introducing something new is hard, it’s still easier than changing behavior and curtailing old habits. [read post]
25 Jun 2022, 4:02 am by Rebecca Tushnet
Introduction:   Robert Burrell Australia/NZ is probably unusual b/c abandonment plays 3 distinct roles: (1) not a purely rhetorical device. 1863 case: from the moment you first use a TM, you have a property right—no goodwill, no reputation required. [read post]
24 Jun 2022, 6:30 am by Guest Blogger
  One suspects the answer might lie deeply in my childhood or in my subconscious, but it is hard to deny the extent to which the Hartman Institute and my encounters there fed whatever instincts I had already developed toward theories of “indeterminacy” and, therefore, the legitimacy of multiple responses to legal conundra. [read post]
24 Jun 2022, 4:36 am by Rebecca Tushnet
Hard to think coherently about TM status without thinking about registration v. use. [read post]
23 Jun 2022, 6:01 am by Susan Landau
In his recent post, Robert Gorwa lays out how the Directorate-General for Migration and Home Affairs, an odd part of the European Commission, came to put forward a proposal on combating child sexual abuse material (CSAM). [read post]
17 Jun 2022, 2:09 pm by admin
Future disease risks, as in the Framingham risk score for hard coronary heart disease, or the Gale model for breast cancer risk, are, of course, based upon “group-based data. [read post]
9 Jun 2022, 11:12 am by Peter Swire
The proposal was based on the work of the late Robert Ellis Smith, who last updated his “Compilation of State and Federal Privacy Laws” in 2018. [read post]
5 Jun 2022, 9:01 pm by Michael C. Dorf
The leaked draft that Politico published last month shows staple marks and was thus likely handed over as hard copy rather than as a computer file. [read post]
31 May 2022, 6:43 am by familoo
It’s hard to keep up, which is partly why I’ve let the chaps go first, watching from a distance with a large gin and a cold flannel. [read post]
26 May 2022, 10:49 am by Jonathan H. Adler
The most common charge of inaccuracy concerns only (c)'s reading of the common law. [read post]
16 May 2022, 9:01 pm by Michael C. Dorf
And more broadly, it is hard to take seriously the complaints of anti-abortion politicians who have for decades been uninterested in protecting vulnerable doctors, nurses, and women seeking abortions from the sometimes-deadly and always-unwelcome “sidewalk counselors” who accost them when they are most vulnerable.We can grant that the backlash against the outside-the-home protests emanates from shameless hypocrites. [read post]
15 May 2022, 4:48 pm by INFORRM
The Guardian covers the ongoing defamation trial between ex-soldier Ben Roberts Smith and the Age, Canberra Times and SMH over allegations made by the publications that he is guilty of committing war crimes in Afghanistan. [read post]