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7 Nov 2022, 9:04 pm by Jeffrey Lubbers
So where does that leave American administrative law? [read post]
7 Nov 2022, 7:44 am by Verena von Bomhard (BomhardIP)
 103) and emphasized that what mattered was ‘enforceability’ (para. 104): if the earlier right, at the time of the decision, was not enforceable, it should not be held against the junior EUTM – whether an application or a registration. [read post]
7 Nov 2022, 5:59 am by Jacek Pruski
,where an official knows his or her conduct to be unlawful—the provision does not ensnare officials acting in good faith compliance with the law. [read post]
3 Nov 2022, 10:23 am by Michael Oykhman
Because the section does not define “indecent act”, this duty has been left to law enforcement and the courts. [read post]
31 Oct 2022, 12:32 pm by Arthur F. Coon
” The Court of Appeal hand-waved away a line of cases cited by the City “that hold CEQA does not require a public hearing for a determination that a project is exempt[.] [read post]
26 Oct 2022, 4:00 am by Administrator
Oakes, 1986 CanLII 46 (SCC), [1986] 1 SCR 103 1. [read post]
25 Oct 2022, 10:46 am by Bernard Bell
Rec. at 46-55.[5] Perhaps most tellingly, the Solicitor General does not point to a single instance, prior to New Jersey’s attempt to withdraw from the Waterfront Compact, in which a state has purported to withdraw from a Compact against the wishes of the other Compact signatories on the theory that there is an implicit unilateral withdrawal right in all compacts that involve ongoing obligations. [read post]
24 Oct 2022, 1:00 am by Annsley Merelle Ward
There is no separate assessment of individual particle Tc/Ti ratios for integer (6) (para 103).SG also questioned how a skilled person determines whether a particle is dish-shaped (para 107). [read post]
21 Oct 2022, 6:30 am by Guest Blogger
But Fleming does not grapple with the enormous volume of scholarship examining the original meaning of the Fourteenth Amendment. [read post]
20 Oct 2022, 10:37 am by Rebecca Tushnet
On the other hand, there are purpose-based fair uses, usually involving reproductions and not derivative works, where it does make sense to say that the fairness is inherently tied to the specific use: We believeGoogle made its big database of books only to show snippets and not to distribute full copies, so its backup copies are fine. [read post]
14 Oct 2022, 4:58 am by Andrew Lavoott Bluestone
  In York v Frank  2022 NY Slip Op 05738  Decided on October 12, 2022  Appellate Division, Second Department takes the more conservative position, which it does not always do. [read post]
13 Oct 2022, 3:48 pm by Eugene Volokh
Neal McBrayer: On April 19, 2018, Kinsley Braden signed a lease agreement with Columbia Housing for the privilege of residing at 103 West Willow Street in Creekside Acres. [read post]
11 Oct 2022, 3:50 am by Kyle Hulehan
Every year, millions of Americans pack up and move from one state to another, providing unique insights into what people value when deciding where to live, work, and raise a family. [read post]
7 Oct 2022, 8:53 am by Dennis Crouch
  In particular, Zahner intents to raise the same question that Arthrex will likely raise, although this time in the reexamination context: Question: Does the Reexamination Statute permit a challenge to priority claims? [read post]
7 Oct 2022, 4:09 am by Bill Marler
These vaccines provide long-term protection against HAV infection.[6] HAV is the only common vaccine-preventable foodborne disease in the United States.[7] This virus is one of five human hepatitis viruses that primarily infect the human liver and cause human illness.[8] Unlike hepatitis B and C, HAV does not develop into chronic hepatitis or cirrhosis, which are both potentially fatal conditions.[9] Nonetheless, infection with the HAV virus can lead to acute liver failure… [read post]
6 Oct 2022, 4:11 pm by Race to the Bottom
Section 103 is unclear because it does not address whether DAO’s can organize under the state’s traditional LLC statute or if DAO’s must register as a DAO LLC. [read post]