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12 Jun 2017, 9:01 am by Camilla Alexandra Hrdy
This task is made difficult by the subjective nature of the inquiry. [read post]
26 Sep 2015, 1:21 pm by Rebecca Tushnet
  The multifactor confusion test isn’t a trump-based rule, true, but it’s not really a marketplace test either—it’s an “imagine the marketplace” test and the question of whether that’s on balance better than a bunch of categorical rules is even more complex once we consider the costs of foregoing actual marketplace inquiry along with the benefits. [read post]
19 Aug 2010, 2:50 pm by THE KONG FIRM PLLC
  However, I’m going to focus on the two that are the most common, yet get employers in the most trouble—inquiries into an applicant’s credit and criminal background checks. 1. [read post]
30 Jul 2016, 7:50 pm by The Blog Team
But the search of cell phones seized from his car was another matter. [read post]
12 Aug 2011, 2:55 am by JB
Over at the Volokh Conspiracy Kurt Lash (here, here, here and here); and Neil Siegel (here, here, here, and here), have been discussing the constitutional theory of enumerated powers, and, in particular Lash's new article on SSRN challenging my views about the commerce clause. [read post]
19 Feb 2011, 3:32 pm
M-I LLC, 514 F.3d 1244, 1256 n.7 (Fed. [read post]
To that end, it’s important that the focus on “too big to fail” doesn’t ignore retail investors by thinking of them as “too small to matter. [read post]
26 Jul 2022, 9:01 pm by William A. Birdthistle
For those of you who haven’t yet memorized it, the agency’s mission comprises investor protection, capital formation, and the maintenance of fair, orderly, and efficient markets.[3] To begin with investor protection, which is a core function of the Division of Investment Management, what matters to investors most is protecting and growing their treasure. [read post]
3 Mar 2010, 7:33 pm by Adam Thierer
Consumers equipped with digital selection and filtering tools are likely to avoid content they do not demand no matter what the regulatory efforts to force exposure. [read post]
11 Aug 2022, 2:00 am by Guest Author
 Both Nick Parrillo and Ashraf Ahmed rightly characterize New Democracy as a sequel to my 1996 monograph The People’s Welfare:  Law and Regulation in Nineteenth-Century America which attempted to demonstrate “how American state and local governments between the Revolution and the Civil War” regulated and administered “private economic activity on matters like product quality, urban marketing, the risk of fire, the spread of infectious disease, and the vice… [read post]
13 Dec 2023, 8:49 am by Eric Goldman
There is a two-prong inquiry to determine when a state law claim is preempted: First, the work must be within the scope of the subject-matter of copyright as specified in 17 U.S.C. [read post]
20 Sep 2022, 9:22 am by Eric Goldman
So I’m sure other US-based UGC services clear the 50M MAU threshold (Minecraft and Roblox are two likely examples). [read post]
23 Apr 2012, 6:04 am by Joel R. Brandes
It therefore adhered to the general rule that " '[i]f the execution of the agreement ... be fair, no further inquiry will be made' " (Levine v. [read post]
29 Feb 2016, 4:43 pm by Kevin LaCroix
  Last year also saw Delaware decisions that are likely to change the landscape of M&A litigation and interesting developments in the area of SEC enforcement. [read post]
29 Oct 2021, 4:00 am by Roel van Woudenberg
It therefore makes sense that the choice of format for these oral proceedings can be made by the party who requested them and not by the board of appeal, especially as this concerns more than just an organisational matter. [read post]
2 Dec 2019, 12:25 pm by Gordon Ahl
.: The House Judiciary Committee will hold a hearing titled, "The Impeachment Inquiry Into President Donald J. [read post]