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10 Aug 2020, 8:20 am by Kim Colby
Discriminatory treatment compared to similar secular conduct: Just three years after Smith, in Church of the Lukumi Babalu Aye v. [read post]
8 Jul 2020, 11:17 pm by Schachtman
Taking New York (where Rosner and Markowitz live and teach) as an example, we can see that the state had occupied the field of regulating workplace safety many decades before the enactment of OSHA. [read post]
16 Jun 2020, 9:01 pm by Sherry F. Colb
Greenwood); in one’s “open field” in the area beyond the curtilage around one’s home, even if the field is surrounded by fencing and no-trespass signs (Oliver v. [read post]
Also, the Court has generally been willing to accept that in the pharmaceutical field premature generic entry may lead to unquantifiable and irreparable harm to the patent holder which outweighs that to the potential infringer. [read post]
7 Jun 2020, 1:17 am by Schachtman
Requirements Imposed By State Licensing Boards and Medical Professional Societies The involvement of medical professionals in disciplining physicians for dubious litigation testimony, whether through state licensing authorities or voluntary medical associations, raises some difficult questions: Does a physician’s rendering an opinion on a medical issue in litigation, such as diagnosing silicosis, asbestosis, welding-induced encephalopathy, or fenfluramine-related cardiac injury, constitute the… [read post]
5 Jun 2020, 3:00 am by Jim Sedor
Campaign Funds for Judges Warp Criminal Justice, Study Finds New York Times – Adam Liptak | Published: 6/1/2020 In Gideon v. [read post]
4 Jun 2020, 4:48 pm by Rohit De
These mobile lawyers moved across colonial/postcolonial jurisdictions in the course of their practice, and using their lives as an archive helped think across fields that are usually historiographicaly distinct. [read post]
11 May 2020, 8:07 am by Dan Maurer
In Section 540F of the National Defense Authorization Act of 2020, Congress directed the Department of Defense to conduct a feasibility study, and to report the findings of that study, on a potential new “alternative military justice system. [read post]
27 Apr 2020, 3:00 am by Joshua Holt
His high-profile cases include the “trial of the century,” otherwise known as United States v. [read post]
15 Apr 2020, 4:15 am by Bradley Olson
Smith & Nephew wherein the main issue had been the Federal Circuit’s ruling that Patent Trial and Appeal Board (PTAB) judges were indeed unconstitutionally appointed under the America Invents Act (AIA), but that the Federal Circuit’s field expedient blue penciling of the underlying statutes corrected any constitutional flaws nunc pro tunc. [read post]
24 Mar 2020, 12:51 am by steve cornforth blog
HHJ Wood has published the following detailed guidance for civil court users -Dear local practitioner and other court users,Covid 19 arrangements and temporary measures at Liverpool and Chester County Court and other courts in the Cheshire and Merseyside cluster for CIVIL WORKThere have been several requests for some standard guidance in relation to the conduct of court business over the forthcoming weeks in the light of the present public health crisis, and in particular the advice that is given at… [read post]