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22 May 2013, 3:02 pm by Mary Beth Gettins
Privacy and Security: Healthcare Providers Preparing for the Perfect Storm. I was approached recently by a Dental Practice. The practice was recently purchased from a retiring dentist. As part of assuming the practice, the new Dentist wished to implement health care technologies into the practice. This would mean getting on-board with HIPAA. “Surely, there are good HIPAA compliance solutions available for health care providers. The HIPAA Privacy and Security Rule is not new, it has been… [read post]
22 May 2013, 1:00 pm by Giles Peaker
A four party judicial review of the Benefit Cap – now under pilot in 4 boroughs and to be rolled out in October – was issued today (Wednesday 22 May). Details are here.The claimants argue that the Regulations are discriminatory and unreasonable.  They also argue that the Secretary of State did not take proper account of the impact of the policy on women, children, the disabled, racial and religious minorities, and carers when formulating the policy.I have also heard that permission… [read post]
22 May 2013, 1:00 pm by Giles Peaker
A four party judicial review of the Benefit Cap – now under pilot in 4 boroughs and to be rolled out in October – was issued today (Wednesday 22 May). Details are here.The claimants argue that the Regulations are discriminatory and unreasonable.  They also argue that the Secretary of State did not take proper account of the impact of the policy on women, children, the disabled, racial and religious minorities, and carers when formulating the policy.I have also heard that permission… [read post]
22 May 2013, 10:34 am by Mark Tabakman
I have posted numerous times on the crackdown by numerous States of alleged misclassification of individuals as independent contractors. My State, New Jersey, has passed a special law pertaining to misclassification in the construction industry, although no new definition of independent contractor was established. Now, a move is afoot to do the same thing for/in the trucking industry. The New Jersey Assembly has passed legislation that would establish a presumption that port and parcel… [read post]
22 May 2013, 9:49 am by Gene Quinn
Jeffery Lewis, who is the President of the American Intellectual Property Law Association (AIPLA), sent a letter to Sylvia Matthews Burwell, who is the Director of the Office of Management and Budget (OMB). In this letter Lewis, speaking on behalf of the AIPLA and its 15,000 members, challenged the legal interpretation of the budget cuts the Obama Administration says are required of the USPTO thanks to sequestration. Related posts:Jeffrey I.D. Lewis Installed as AIPLA President for 2012-2013… [read post]
22 May 2013, 9:07 am by
Mathias Koenig-Archibugi (London School of Economics - Government and International Relations) & Kate Macdonald (Univ. of Melbourne - School of Social and Political Sciences) have published Accountability-by-Proxy in Transnational Non-State Governance (Governance, Vol. 26, no. 3, pp. 499–522, July 2013). Here's the abstract:Transnational non-state governance arrangements (NGAs) are increasingly common in areas such as labor standards and environmental sustainability, often presenting… [read post]
22 May 2013, 8:00 am by Dan Ernst
At least since the publication of Peter Irons’s The New Deal Lawyers (1982), constitutional historians of the twentieth-century United States have understood the role Franklin D. Roosevelt’s lawyers played in shaping the legislation and litigation that produced the constitutional landmarks of the 1930s.  Now, in a (gated) article in the Journal of the Civil War Era 3 (June 2013): 211-38, Jonathan W. White, an Assistant Professor of American Studies at Christopher Newport University,… [read post]
22 May 2013, 7:00 am by Steve Brachmann
Today at IPWatchdog, we’re going back to take a closer look at U.S. Patent & Trademark Office patents and patent applications assigned to Qualcomm Incorporated. One area in particular that receives a lot of focus from Qualcomm’s research and development functions is efficiency improvements to wireless network connections. Patent applications filed by Qualcomm and published recently by the USPTO seek to protect new systems of digital file sharing and power management during sleep… [read post]
22 May 2013, 4:52 am by INFORRM
The freedom of expression NGO, Article 19, has published a policy paper on the “Right to Blog” [pdf].  Article 19 proposes a set of recommendations to state actors and policy makers about what they should do to promote and protect the rights of bloggers domestically and internationally. The paper also gives practical advice to bloggers about their rights and explains how – and in what situations – they can invoke some of the privileges and defences that traditional… [read post]
22 May 2013, 4:45 am by Adjunct LawProfs
From the Campbell Law Review website: The Campbell Law Review is pleased to announce a call for papers for its National Edition, which will be focused broadly around Internet Law and related themes. The Internet and associated technologies continue to... [read post]
22 May 2013, 4:35 am by Gene Quinn
In a one-page memorandum to the Patent Examining Corps dated May 13, 2013, Deputy Commissioner for Patent Examination Policy Drew Hirshfeld had a simple message to respond to the Federal Circuit's en banc non-decision in CLS Bank v. Alice Corp. The message was this: "there is no change in examination procedure for evaluating subject matter eligibility." Related posts:5 CAFC Judges Say Computers Patentable, Not SoftwarePerpetuating the myth that the computer is where the magic lies does nothing… [read post]
21 May 2013, 2:25 pm by Blogspot
First belongings, furniture, televisions sold after the jewels are gone. Some of them drank, some pesticides, a woman threw herself into the lake with someone else jumped in with their children. Debts of more than 200 due to the poor, committed suicide in 2010. South India, at first, like a drug poisons emitted into micro-loans. Received a very poor part of the public debt with low interest ödeyememesi fatal. SKS is a market leader in India in the 7 person company killed himself in the news… [read post]
21 May 2013, 2:00 pm by Trusts EstatesProf
John H. Martin (Warner, Norcross & Judd LLP) recently published an article entitled, Improving Michigan Estate Settlement, 29 T.M. Cooley L. Rev. 1 (2012). Provided below is the introduction to his article: The indictment is short and pointed: probate estate... [read post]
21 May 2013, 1:52 pm by Dr. Kristina Lybecker
Critics argue that pharmaceutical patents are a barrier to wide-reaching access to medicines, especially for vulnerable populations in the developing world. They cast their argument in the phrase, “Patents Kill” and advocate against intellectual property (IP) protection for medical innovation and the trade agreements that incorporate them... Not surprisingly, barriers to access are more prevalent in less developed nations and access to medicine is a function of the level of economic… [read post]
21 May 2013, 12:45 pm by Ezra Rosser
New Article: Ascanio Piomelli, Sensibilities for Social Justice Lawyers, 10 Hastings Race & Poverty Law Journal 177 (2013).  Abstract below: This essay suggests six mindsets or sensibilities that I consider crucial for 21st Century social justice lawyers of all ages: (1) We are not starting from scratch; we are building on the ideas and efforts of our predecessors and contemporaries. (2) It helps to be clear about our fundamental aims: what we mean by and count as social justice… [read post]
21 May 2013, 11:50 am by Robert Freeman
On May 17, President Obama issued a presidential memorandum to aid in streamline permitting processes for infrastructure projects.  The memorandum creates a steering committee whose goal is to cut project completion times in half. Among the departments participating are the Departments of Agriculture, Commerce, Defense, Energy, Homeland Security, Interior and Transportation.   ON THE HILL The Water Resources Development Act of 2013 (WRDA, S. 601) passed the Senate on Thursday by a… [read post]
21 May 2013, 11:04 am by Gene Quinn
Last week the United States Patent and Trademark Office (USPTO) announced in the Federal Register that it would modified the After Final Consideration Pilot Program (AFCP) to create the After Final Consideration Pilot Program 2.0 (AFCP 2.0). The goal of AFCP 2.0 is much the same as it was when the USPTO initially introduced the precursor AFCP. According to the USPTO, the goal of AFCP 2.0 is to reduce pendency by reducing the number of RCEs and encouraging increased collaboration between the… [read post]
21 May 2013, 10:53 am by Ivan Cohen
In the United States, most sperm donations* are anonymous. By contrast, many developed nations require sperm donors to be identified, typically requiring new sperm (and egg) donors to put identifying information into a registry that is made available to a donor-conceived child once they reach the age of 18. Recently, advocates have pressed U.S. states to adopt these registries as well, and state legislatures have indicated openness to the idea. In a series of prior papers I have explained why… [read post]
21 May 2013, 10:11 am by Jonathan Bailey
Back in March, the band Ghost Beach stirred up controversy with a billboard campaign in Times Square that encouraged artists to “pick a side” on piracy. Dubbed the “Piracy is Progress” campaign by many, it featured a rotating billboard that had a variety of expressions regarding piracy, both for and against, with an invitation for others to both tweet their views and “choose a side” on their own site. The call to action on their site ended with a choice. You could… [read post]
21 May 2013, 10:06 am by pgbarnes
Sexual harassment in the military underscores a much bigger problem in American society.  Sexual harassment is a major problem in all workplaces but it is extremely difficult - if not impossible – for victims  to hold abusers accountable for their illegal conduct. Surveys show that third of American women say they have experienced sexual harassment on the job. For years, women […] [read post]