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14 Mar 2011, 12:52 pm
In three prior appeals, of which we took judicial notice, the same prosecutor was criticized for improper conduct, including the observation in People v. [read post]
14 Mar 2011, 7:13 am
The latest decisions from our nation’s courts, including the Massachusetts Supreme Court “Ibanez” decision, Kemp v. [read post]
14 Mar 2011, 4:30 am
Over the last few months, we here at Abnormal Use have corresponded regularly with our friends at the Drug and Device Law blog, most notably Steve McConnell and Jim Beck, about both the law and popular culture. [read post]
13 Mar 2011, 8:36 am
The Supreme Court’s decision this week in Aruna Shanbaug v. [read post]
11 Mar 2011, 9:53 am
Supreme Courtgranted certiorariin Golan v. [read post]
8 Mar 2011, 8:11 am
To that extent, as I discuss here, the UK Supreme Court's recent decision in Smith v Secretary of State for Defence, in which it held that UK soldiers do not have rights against the UK under the ECHR when operating outside an area under UK effective control, was in accordance with the principle of universality. [read post]
6 Mar 2011, 1:48 pm
The people we kill are supposed to be monsters. [read post]
6 Mar 2011, 5:54 am
Bank v. [read post]
4 Mar 2011, 7:42 am
Recently, the 9th Circuit Bankruptcy Appellate Panel (BAP) in the case of In re Smith (Smith v. [read post]
2 Mar 2011, 10:59 pm
Smith LJ went further. [read post]
1 Mar 2011, 7:30 pm
Smith who first presented it during his testimony in the case of Sherrod v. [read post]
28 Feb 2011, 3:04 pm
By Daniel RichardsonZorn v. [read post]
28 Feb 2011, 6:00 am
In Smith v. [read post]
28 Feb 2011, 5:32 am
So far she has only unearthed Lifestyle Management Ltd. v Frater [2010] EWHC 3258 (TCC) (10 December 2010, noted by the IPKat here). [read post]
28 Feb 2011, 1:10 am
The lack of people willing to invest in startups. [read post]
25 Feb 2011, 11:30 am
Today, the ACLU filed a friend-of-the-court brief in the 4th Circuit Court of Appeals in Liberty University v. [read post]
25 Feb 2011, 1:01 am
" State v. [read post]
24 Feb 2011, 1:49 pm
Briefly, courts have adopted the learned intermediary rule because:Warnings go to physicians because they are the only people who know both a particular patient’s medical history as well as the risk/benefit profile of the drug/device being prescribed.Limiting warning duties to physicians makes the common law consistent with warning duties imposed by the FDA.Routing prescription drug/device information through the doctor preserves the physician/patient relationship from outside… [read post]
23 Feb 2011, 4:02 pm
The conflict is not between princes and people, as it was in the 16th and 17th centuries, but between individual communicators and a multiplicity of laws… What is plainly required is an international agreement to govern communications on the web and, in particular, to determine whether they are to be regulated by an agreed set of supra-national regulations or, if not, to provide a generally acceptable means of deciding which domestic law should apply to any offending publication. [read post]
21 Feb 2011, 8:48 am
In United States v. [read post]