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9 Jul 2019, 7:22 pm
” It has urged “great caution” to prevent the government from “silenc[ing] or muffl[ing] the expression of disfavored viewpoints” under the guise of the government speech doctrine. [read post]
16 Jan 2013, 4:30 am
PizerFor the Conference on Liberty/Equality: The View from Roe’s 40th and Lawrence’s 10th Anniversaries It was disappointing, if not truly surprising, that the World Day of Peace message with which Pope Benedict XVI welcomed this new year warns, among other things, that those who would treat loving same-sex couples and their families equally under civil law are “harm[ing] and help[ing] to destabilize marriage. [read post]
9 Nov 2012, 7:54 pm
What is the role of a trustee in these situations, where, as you point out in your piece, her legal obligation is “to focus on the specific mission of the [parent] organization” … but, at the same time, there are these professional organizations (again quoting from your essay) “weigh[ing] in on these decisions with outrage and condemnation,” “relentlessly assert[ing]” that the interests of the museum trump those of its parent? [read post]
26 Jan 2015, 5:30 am
Apart from labeling the product a “Smith & Nephew hip implant,” Plaintiffs do not expressly identify Defendant’s relationship to the product or role in the chain of commerce, vaguely stating that either Smith & Nephew or a fictitious defendant did one of a number of activities, including and potentially limited to “own[ing]” or “packag[ing]” the product.Id. at *6-7 (citations omitted). [read post]
3 Oct 2013, 12:43 pm
Without prejudg- ing the issues raised by those additional requirements in any way, we think it advisable to remand for the Commis- sion to address those issues in the first instance. [read post]
7 Jan 2014, 7:46 am
Such relief is not a constitutional re- quirement, as has been established since the Supreme Court approved of declaratory-judgment actions concern- ing the interpretation of insurance policies or clarification of other legal rights. [read post]
29 Oct 2018, 4:17 pm
It prohibited all parties and their lawyers, representatives, and agents, as well as "all potential witnesses," from: "giv[ing] or authoriz[ing] any extrajudicial statement or interview to any person or persons associated with any public communications media or that a reasonable person would expect to be communicated to a public communications media relating to the trial, the parties or issues in this case which could interfere with a fair trial or prejudice any… [read post]
8 May 2020, 6:57 pm
The Third Circuit reviews the grant of judgment on the pleadings denovo, “accept[ing] all of the allegations in the pleadings ofthe party against whom the motion is addressed as trueand draw[ing] all reasonable inferences in favor of the nonmoving party. [read post]
1 Dec 2012, 9:08 am
“Whether or not Respondent believed he was adhering to normal procedures, his conduct had the effect of ‘promot[ing] principles of gamesmanship’ and ‘hid[ing] the ball,’ and his lack of diligence in responding to Rice’s requests was tantamount to obstructing the discovery process. [read post]
14 Jul 2019, 6:01 pm
They were silent when he gave an Independence Day speech in which he described the Continental Army as "seiz[ing] victory from Cornwallis of Yorktown," "ramm[ing] the ramparts," taking over the airports, and then watching the star-spangled banner "wave[] defiant” at dawn.The list, of course, goes on . . . and on, and on, and on. [read post]
9 Jul 2024, 6:00 am
With respect to the May 2015 incident, petitioner testified that he arrived at the firehouse for his scheduled shift and, after "go[ing] over the rig and mak[ing] sure everything is where it's supposed to be," he went upstairs to complete his paperwork. [read post]
17 Jun 2013, 3:55 pm
”And yet, “in reaching a contrary decision, the Fourth Circuit heavily relied on the concern that recognizing liability in the circumstances presented here would open the floodgates to similar claims that officers conspired with prosecutors ‘render(ing) the officers’ qualified immunity from suit effectively lost and mak(ing) discovery the rule, rather than the exception. [read post]
19 Apr 2016, 11:35 am
[and] properly limit[ing] the scope of the patentto its overall ornamental visual impression, rather than tothe broader general design concept of a rocket-like tossingball. [read post]
9 Jul 2024, 6:00 am
With respect to the May 2015 incident, petitioner testified that he arrived at the firehouse for his scheduled shift and, after "go[ing] over the rig and mak[ing] sure everything is where it's supposed to be," he went upstairs to complete his paperwork. [read post]
22 Apr 2018, 6:28 pm
Its core provision prohibits the state from "discriminat[ing] against, or grant[ing] preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin in the operation of public employment, public education, or public contracting. [read post]
19 Sep 2016, 5:37 am
The FAL bans “mak[ing] or disseminat[ing]...any statement...which is untrue or misleading, and which is known, or by the exercise of reasonable care should be known, to be untrue or misleading... [read post]
31 Oct 2014, 8:29 am
One option could be for instance to charge Google for "tak[ing] intellectual property from the EU and work[ing] with it". [read post]
19 Dec 2012, 8:31 pm
Pacifica Found., 438 U.S. 726, 729 (1978).Fox can use the label, but can't register it:Nothing in this decision precludes Fox from continu- ing to sell her merchandise under the mark at issue, or from seeking trademark protection for some other, other- wise registrable element of her product’s design, dress, or labeling. [read post]
26 Sep 2015, 9:06 pm
The reference to "f—ing Jews" is not about ethnicity. [read post]
15 Jul 2015, 3:31 pm
For example, The expenditure of 40 hours to prepare the reply brief was excessive, as the brief was only 14 pages long, much of it consisted of reiterating arguments petitioner had made in its opening brief, and it did not appear to have involved significant additional legal research or analysis of the record; Petitioner’s firm actually billed 43.4 hours for work done by the two partners and a law clerk, and billed for the attendance of both partners at the hearing on the writ petition… [read post]
