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16 Dec 2013, 6:36 am by Marty Lederman
  Contrary to common wisdom, federal law does not impose a legal duty on large employers to offer their employees access to a health insurance plan, or to subsidize such a plan. [read post]
15 May 2024, 6:00 am by Public Employment Law Press
"Legislative enactments enjoy a strong presumption of constitutionality and parties challenging a duly enacted statute face the initial burden of demonstrating the statute's invalidity beyond a reasonable doubt" (Delgado v State of New York, 194 AD3d 98, 103 [3d Dept 2021] [internal quotation marks and citations omitted], affd 39 NY3d 242 [2022]; see Center for Jud. [read post]
3 Jul 2017, 12:48 pm
As originality and access had been admitted by the defendant himself, the Court was easily convinced that these two requirements were met (para 103). [read post]
5 Feb 2015, 1:44 pm
  Does that potentially make them manufacturers? [read post]
15 May 2024, 6:00 am by Public Employment Law Press
"Legislative enactments enjoy a strong presumption of constitutionality and parties challenging a duly enacted statute face the initial burden of demonstrating the statute's invalidity beyond a reasonable doubt" (Delgado v State of New York, 194 AD3d 98, 103 [3d Dept 2021] [internal quotation marks and citations omitted], affd 39 NY3d 242 [2022]; see Center for Jud. [read post]
4 Sep 2022, 6:30 am by Guest Blogger
This post was prepared for a roundtable on Can this Constitution be Saved? [read post]
18 Dec 2019, 9:51 pm by Joel R. Brandes
Lee, 720 F.3d 96, 103 (2d Cir. 2013) The risk must be more than the trauma associated with uprooting and moving the child back to the country of habitual residence. [read post]
25 Aug 2014, 8:38 pm
[…] When such situations arise, the doctrine of obviousness-type double patenting ensures that a particular invention (and obvious variants thereof) does not receive an undue patent term extension. [read post]
15 Feb 2018, 3:22 am by Nico Cordes
The Reasoning of the Examining Division4.1 Although the applicant had filed a request for a postponement of oral proceedings, and this request was not subsequently withdrawn, the section of the contested decision entitled "Reasons for the decision" does not include any indication why this request was refused. [read post]
6 Sep 2017, 11:00 am by George Perkovich
 [103] It is during this demonstration that Roy links the two halves of her novel. [read post]
11 Jul 2013, 5:01 pm by oliver randl
On July 5, 2011, the Examining Division (ED) posted a communication under R 71(3) EPC, informing the applicant that the main request on file did not comply with A 84 but that it intended to grant a patent on the basis of the first auxiliary request (with claim 9 amended by the ED).On November 4, 2011, the applicant filed electronically a letter which reads as follows:“In response to the Communication under R 71(3) dated 5 July 2011, we enclose French and German translations of the claims. [read post]
3 Jul 2017, 12:48 pm
As originality and access had been admitted by the defendant himself, the Court was easily convinced that these two requirements were met (para 103). [read post]
16 Jan 2019, 1:50 pm by Eugene Volokh
"[T]he prior restraint doctrine does play a role in evaluating the regulation of commercial speech. [read post]
13 Feb 2017, 1:35 pm
For the reasons set forth below, we conclude that the GCSPA does not authorize an award of punitive damages. [read post]
15 Feb 2018, 3:22 am by Nico Cordes
The Reasoning of the Examining Division4.1 Although the applicant had filed a request for a postponement of oral proceedings, and this request was not subsequently withdrawn, the section of the contested decision entitled "Reasons for the decision" does not include any indication why this request was refused. [read post]
20 Feb 2015, 4:00 am by Malcolm Mercer
It does not, in our respectful opinion, provide a workable constitutional standard. [read post]