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25 Mar 2022, 5:00 am
Guido Calabresi advanced a theory of statutory desuetude under which courts would sometimes be able to take such a measure, but I don't think §2G2.2(b)(6) fits Calabresi's theory, which, in any event, has never been endorsed by anyone other than Calabresi. [read post]
24 Mar 2022, 12:27 pm
As the Court explains, experience matters in assessing whether less restrictive alternatives could still satisfy the State's compelling interest. [read post]
24 Mar 2022, 12:04 pm
Judge Nunley’s decision was predicated on what then-Judge Gorsuch in Energy & Env’t Legal Inst. [read post]
24 Mar 2022, 5:01 am
Following a hearing, the trial court determined that the matter involved is "probably harmful to minors. [read post]
24 Mar 2022, 4:10 am
For example, if you are asked to testify about matters that occurred before the marriage, you can’t invoke spousal immunity. [read post]
23 Mar 2022, 5:07 pm
Some parents just don’t want to pay child support…and usually have an articulable reason for objecting to the payment of child support. [read post]
23 Mar 2022, 2:03 pm
G.S. 14-4(b). [read post]
23 Mar 2022, 1:43 pm
Gov’t Code §501.014. [read post]
23 Mar 2022, 8:59 am
Yet, as a practical matter, copyright owners rarely bring 512(c) litigation any more–I’ve only blogged a handful of 512(c) cases in the last half-decade–and I doubt the STM issue is the reason why. [read post]
23 Mar 2022, 8:23 am
The plaintiffs alleged that “[a]t no time has SmileDirect informed consumers that it is in violation of the [Food, Drugs, and Cosmetics Act (‘FDCA’)] and illegally practicing dentistry” and that “[b]oth of these nondisclosures are highly material and highly fraudulent because consumers would be reluctant to use SmileDirect’s aligners in any capacity if they knew that they were being sold in violation of both federal and state law. [read post]
23 Mar 2022, 8:07 am
Uses deception . . . on a matter that would reasonably result in a denial of access to an agricultural production facility that is not open to the public, and, through such deception, gains access to the agricultural production facility, with the intent to cause physical or economic harm or other injury to the agricultural production facility's operations, agricultural animals, crop, owner, personnel, equipment, building, premises, business interest, or customer[; or] b. [read post]
22 Mar 2022, 9:14 am
With regards to the kinds of disputes that can be adjudicated, the Regulations list the following matters: (a) the valuation of services or materials provided under the contract or subcontract; (b) payment under the contract or subcontract; (c) disputes that are the subject of a notice of non-payment under Part 3 of the Act; (d) payment or non-payment of an amount retained as a major lien fund or minor lien fund and owed to a party during or at the end of a contract or subcontract,… [read post]
22 Mar 2022, 4:12 am
In practice, condition No. 1 doesn’t matter that much because most Rule 506(b) offerings are made exclusively to accredited investors in any event. [read post]
21 Mar 2022, 5:01 am
[B.] [read post]
21 Mar 2022, 4:00 am
But it can’t be a whim of a state actor. [read post]
18 Mar 2022, 12:33 pm
” The counterclaims lacked merit, given the litigation privilege, and the court would reach the same result under FRCP 12(b)(6) if the anti-SLAPP statute didn’t extend to foreign defendants. [read post]
18 Mar 2022, 5:00 am
Ukraine would be a poison pill.That should be enough, but perhaps it isn't. [read post]
18 Mar 2022, 2:02 am
On May 2, 2013, the ITC's Administrative Law Judge Thomas B. [read post]
17 Mar 2022, 2:32 pm
”); Ariad, 598 F.3d at 1351 (“[T]he hallmark of written description is disclosure. [read post]
17 Mar 2022, 11:59 am
§§ 46-455(K) and 46-456(B). [read post]
