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15 Jan 2024, 9:05 pm by Dan Flynn
” The bill says HB2121 is “a matter to statewide concern necessary to protect public health. [read post]
15 Jan 2024, 6:03 am by Adil Ahmad Haque
South Africa’s second argument rests on principle: If any military operation, no matter how carefully it is carried out, is carried out pursuant to an intention to destroy a ‘people’, in whole or in part, it violates the Genocide Convention and it must stop. [read post]
14 Jan 2024, 7:39 am by Rose Hughes
 Further readingFrom across the pond: Patentlyo: Coffee and Claim Construction: The Plain and Ordinary Meaning of “Barcode”UPC Munich Local Division takes a novel approach to claim interpretation (SES vs Hanshow, UPC-CFI-292/2023) (Jan 2024) [read post]
Murray won his retaliation case after a full jury trial, but UBS appealed, and the Second Circuit vacated the judgment on a novel reading of the statute: it said the jury should have been instructed that Murray could not prevail without proving his employer had intended to retaliate against him. [read post]
11 Jan 2024, 2:58 pm by Guest Author
 Instead, these companies propound a novel and sweeping theory of the First Amendment that conflicts with Supreme Court precedent. [read post]
11 Jan 2024, 10:24 am by Daniel Deacon
When it comes to spending programs that courts deem to fit in this ill-defined category, agency actions are presumptively immune from judicial review, insulated from the safeguards of administrative law no matter how arbitrary. [read post]
9 Jan 2024, 8:24 am by Eric Goldman
These moves enable the court to treat this case as jurisprudentially novel when it really is not–and, in turn, reach an outcome that obviously conflicts with the precedent. [read post]
8 Jan 2024, 11:04 am by Edward T. Kang
It is not surprising that defining what qualifies as exclusionary conduct has been a matter of intense debate since the enactment of the Sherman Act. [read post]
8 Jan 2024, 6:00 am by beng
” Moreover, ABA Model Rule 1.3 requires a lawyer to act with reasonable diligence and promptness in client matters. [read post]
8 Jan 2024, 5:50 am by Brian Finucane
Following Hamas’ attack on October 7th, the U.S. government acted swiftly to dissuade other regional actors such as Hizballah or Iran from intervening in the latest round of Israeli-Hamas hostilities. [read post]
8 Jan 2024, 5:00 am by Bobby Stroup
The NCAA describes the compensation lawsuits as beginning in 2009, yet exploring this topic reveals the debate is not so novel. [read post]
8 Jan 2024, 4:00 am by Eric Berger
  The novels are remarkable--among the best I've ever read. [read post]
7 Jan 2024, 9:39 am by jonathanturley
The Maine decision will now be reviewed by the Maine state courts, but the Colorado decision is scheduled for oral argument in a matter of weeks. [read post]
7 Jan 2024, 9:34 am by Rose Hughes
 The UPC adopts a novel approach to claim interpretationUse of the original claims and prosecution history is not how the Boards of Appeal of the EPO generally interpret the claims of a granted patent. [read post]
5 Jan 2024, 4:00 am
DEPARTMENT OF HEALTH’S RESCISSION OF REGULATION RENDERED APPEAL “MOOT”After a Onondaga County Supreme Court judge found in favor of some medical professionals, invalidating a COVID-related regulation which had been issued by the New York State Department of Health, the state secured a stay pending appeal.By the time the matter was reached by the Appellate Division, Fourth Department, the state indicated at oral argument that it was no longer going to enforce the regulation… [read post]
4 Jan 2024, 12:50 pm by Josh Blackman
" We credit those lawyers (as we should) for making a novel and bold contribution to the literature. [read post]
2 Jan 2024, 12:12 pm by Mia Valenzuela
At RPLG, he primarily represents and advises public agencies on labor, employment and government law matters. [read post]
2 Jan 2024, 5:50 am by Caroline Fredrickson
”  Since that 1974 opinion on self-pardons has never been tested, we cannot know exactly how a lower federal court or the Supreme Court itself might approach the question, although it certainly has the merit of falling on the side of common sense, the normal usage of the word “to grant,” and the historical understanding that the use of the pardon was a matter of grace by the executive, as well as constitutional text, structure and original meaning. [read post]