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18 Apr 2017, 7:33 am by Phil Dixon
This rule has led to the related principle that a party on appeal cannot argue a novel issue on appeal. [read post]
17 Apr 2017, 3:46 am by Peter Mahler
If plaintiff’s voting interest . . . were found to be less than 20% and that were the final word on the matter, plaintiff presumably would recast his complaints of ongoing oppression . . . in the form of the common-law remedies available to minority shareholders, including claims for breaches of fiduciary duty and the like. [read post]
15 Apr 2017, 7:10 am by Ed. Microjuris.com Puerto Rico
But whatever surplus ultimately emerges as available to service Puerto Rico’s debt obligations and no matter how it is agreed or required to be allocated among creditors, the form and nature of the instruments that will evidence the Commonwealth’s reconstituted debt may have more enduring consequences to the Commonwealth and its creditors than the ultimate size of the debt haircut agreed to by, or imposed on, creditors, or which creditor groups emerge as the eventual winners or… [read post]
14 Apr 2017, 12:21 pm by Victoria Kwan
“At my workplace, collegiality really matters,” Ginsburg told the audience. [read post]
14 Apr 2017, 6:07 am by Ed. Microjuris.com Puerto Rico
In addition, PROMESA authorizes both joint plans and the novel concept of “joint petitions,” which does not have precedent in Chapter 11 or Chapter 9 practice. [read post]
13 Apr 2017, 8:12 am by Ronald Collins
” If so, do those of us in the legal community need to change our jurisprudential vernacular when it comes to such matters? [read post]
11 Apr 2017, 2:40 am
Is the exception limited to certain subject-matter? [read post]
10 Apr 2017, 5:15 pm
  In Unwired Planet, Justice Birss reconsiders this possibility, reasoning that it is far better to maintain, as a matter of law, that there is but a single royalty rate that qualifies as FRAND for any given set of SEPs and products (¶804(4)). [read post]
10 Apr 2017, 6:43 am by Jordan Brunner
Collaborate with GS Communication staff on matters pertaining to public/private events and GS Development staff on matters pertaining to donor proposals. [read post]
9 Apr 2017, 8:35 am
The first is an emerging ideology of a non-state system whose organization, at its limits, might parallel that of the state system, but which exists beyond it.13 The second presents as against those two titans, that is of the state and the non-state actor as organizational centers of law systems, a novel edifice: an emerging recognition of self-constituting transnational legal orders.14 This conflict, and its contradictions, are having a profound effect on law—in concept and… [read post]
6 Apr 2017, 8:11 am by Jedidiah Kroncke
Hardly any topic of investigation is fully novel, so new sources or new theories of interpretation are brought to bear on old sources or old theories of interpretation to advance the state of knowledge in one’s respective field. [read post]
5 Apr 2017, 9:01 pm by Sherry F. Colb
For the Court in Moore, then, the reality of who is and who is not intellectually disabled mattered, and the Texas CCA approached the question in a non-reality-based manner.Other Zones Where Facts Matter LessAt first glance, the Court’s ruling seems very sensible. [read post]
5 Apr 2017, 9:31 am by Lawrence B. Ebert
If it does not find conflicting claims, and deems your claims to be novel, it issues you a patent.So it is better to have a patent in hand, because that means the patent office will not issue a conflicting patent to someone else (usually) in the first place and rights are clear. [read post]
3 Apr 2017, 5:54 pm by Daniel L. Delnero
Unlike the CFPB, the scholars concede that its structure is “novel,” but argue that the novel structure is evidence of a creative legislative approach to an issue, not evidence that it is unconstitutional. [read post]
3 Apr 2017, 5:54 pm by Daniel L. Delnero
Unlike the CFPB, the scholars concede that its structure is “novel,” but argue that the novel structure is evidence of a creative legislative approach to an issue, not evidence that it is unconstitutional. [read post]
3 Apr 2017, 8:54 am by Jordan Brunner
Collaborate with GS Communication staff on matters pertaining to public/private events and GS Development staff on matters pertaining to donor proposals. [read post]