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25 Feb 2015, 2:57 pm
However, instead of letting matters take their course, the Court took the initiative. [read post]
25 Feb 2015, 12:50 pm
Foreign Policy’s Keith Johnson describes the power play. [read post]
25 Feb 2015, 11:46 am
This is and always has been simply a matter of statutory interpretation:If, as the government argues, Congress has conferred upon the Secretary the discretion to defer removal of these aliens – and to authorize employers to hire those aliens, see 8 U.S.C. [read post]
24 Feb 2015, 3:18 am
In this case, the relevant date could not be later than the date of Henry Bell’s launch of its repackaged product, by which time Supreme Petfoods' word mark had acquired a slender degree of distinctive character.* It was unclear whether, in establishing whether the alleged infringement had affected one of the functions of a trade mark, it was for the trade mark proprietor or for the defendant to bear the burden of proof, this being a matter which the CJEU would ultimately have to… [read post]
21 Feb 2015, 5:04 am
It’s reminiscent of the reaction of those who can’t grasp that the definition of rape matters. [read post]
20 Feb 2015, 6:31 am
Accordingly, the appeals court was ordered to modify its order so as to remit the matter to the trial court for further proceedings in accordance with this opinion. [read post]
18 Feb 2015, 1:28 pm
It now claims that the 11th Circuit did not decide as a matter of law that Henderson couldn’t transfer his firearms to a willing buyer; rather, the government suggests, the court looked at the particular facts and circumstances surrounding the particular process that Henderson was proposing and decided that there was too much of a risk that he was, in fact, going to be exercising control over the firearms (“constructive possession”) after the purported sale… [read post]
18 Feb 2015, 8:00 am
One does not have to buy into the florid rhetoric of President Obama’s political opponents to recognize that on executive power and other matters of public concern, the late Senator Daniel Patrick Moynihan said it best: the executive branch, like any political actor, is entitled to its own opinions, but not its own facts. [read post]
17 Feb 2015, 9:01 pm
Whether it is qualitatively different from asking about other “matters unrelated to the justification for the traffic stop,” as in Johnson, remains to be seen. [read post]
17 Feb 2015, 6:24 am
.; that he has been or will be damaged by the subject registration; and that Respondent’s mark consists of or comprises matter that disparages those affected by addiction, and brings them into contempt, ridicule, and disrepute, and is scandalous and immoral in violation of Section 2(a) of the Lanham Act. [read post]
11 Feb 2015, 9:02 pm
It doesn’t matter who or what caused your injuries on the job. [read post]
10 Feb 2015, 1:01 pm
Because the pharmacy defendants are subject to jurisdiction, Plaintiff did not sufficiently allege in her Complaint that they altered the condition of the drugs, and Plaintiff did not adequately allege that they breached an express warranty or knew or should have known of the danger to Plaintiff, the Middleman Statute bars Plaintiff's claims against them as a matter of law.Id. at 629-630. [read post]
10 Feb 2015, 3:19 am
Because there was no dispute that Respondent changed its economic position during the period of delay, the Board found as a matter of law that Respondent would be subject to economic prejudice if the challenged registrations were cancelled.Therefore, the Board concluded that Petitioner's delay in bringing its cancellation claims was unreasonable and prejudicial to Respondent, and thus laches was established.With regard to Petitioner's dilution claim, because a dilution claim… [read post]
7 Feb 2015, 5:55 pm
Massachusetts Workers’ Compensation It doesn’t matter who was at fault in causing your Boston work injury. [read post]
7 Feb 2015, 5:18 pm
An individual’s response to a grievous and irremediable medical condition is a matter critical to their dignity and autonomy. [read post]
5 Feb 2015, 9:01 pm
This 2007 study minced no words by “stat[ing] the matter bluntly: There is no consistent evidence in the research literature that negative political campaigning ‘works’ in achieving electoral results that attackers desire. [read post]
4 Feb 2015, 9:49 am
When the matter was heard on September 27, 2013, the hearing officer determined that the statutory conditions for a willful refusal revocation were satisfied and ordered Combs’ license revoked. [read post]
1 Feb 2015, 9:01 pm
In any case involving custody, visitation and other specified family matters, a judge is authorized to appoint a mental health professional to evaluate the family The Mental Health Professionals Panel was established by the Appellate Division, First and Second Judicial Departments, to ensure that courts and parties have “access to qualified mental health professionals” who are available to evaluate the parties and to assist courts in reaching appropriate decisions as to, inter… [read post]
30 Jan 2015, 8:42 am
Who knew there were that many murders (or, for that matter, Carrs) in Kansas? [read post]
26 Jan 2015, 8:25 am
The editors’ decision on all matters relating to the quiz is, as usual, final. [read post]
