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11 Sep 2012, 8:52 am by Rebecca Tushnet
  (I don’t think this is right—it’s about a normative statement that no actionable confusion is likely as a matter of law. [read post]
5 Oct 2015, 11:11 am by Arthur F. Coon
Analysis and Suggestions: As stated in Part I, in connection with the related proposed Appendix G amendments, I believe that OPR has failed to cite sufficient legal support for mandating all projects to conduct an Appendix F energy analysis as part of required CEQA review. [read post]
22 May 2021, 12:56 pm by Russell Knight
Listing wrong birthdates of children is a great “gotcha” question in a custody matter. [read post]
17 Jun 2022, 2:09 pm by admin
” The authors begin their analysis of specific causation with a brief acknowledgement that our legal system could abandon any effort to set standards or require rigorous thinking on the matter by simply leaving the matter to the jury.[9] After all, this laissez-faire approach had been the rule of law for centuries. [read post]
1 Mar 2017, 9:30 am by Legal Beagle
Summary of conclusions reached 5‑year prescription:  awareness of loss, sections 11(3) and 6(4) [5]        While it is possible that losses which were easily identifiable by HC may have occurred in 2007, leading to the triggering of the 5‑year prescription in 2007 (i.e. more than five years before the actions were raised in 2014:  see paragraphs [58] to [61] below), this is a matter of dispute which cannot be resolved on the… [read post]
20 May 2019, 9:11 am by MOTP
Should it be based on how the highest court ruled on the matter, which would then—on the particular waiver issue in this example-- result in a tie between the State of Texas (based state common law) and the Fifth Circuit (based on federal common law).Or should the counting and coding be based on how different courts ruled regardless of whether they were ultimately reversed? [read post]
29 Mar 2021, 6:54 am
  In some instances these issues touch on matters that have significant relevance to political and legal theory generally, and for this reason alone are worth reading. [read post]
7 Nov 2014, 5:52 am
We’ve made no secret of our distaste for the so called “heeding presumption” – that juries may presume that any alternative “adequate” warning would have been heeded by the plaintiff (or, in prescription medical product cases, the prescriber). [read post]
1 Feb 2018, 10:52 am
This from Sandrine Giroud, Partner at LALIVE in Geneva:I am proud to announce that the Geneva Bar Association includes as of today the role of lawyers in the protection of human rights in its Professional Code of Conduct in accordance with the UN Guiding Principles on Business and Human Rights. [read post]
5 Jan 2016, 8:06 am by Kenneth Vercammen Esq. Edison
Separate Property of Each PartyThe parties wish to identify what will remainthe separate property of each party duringthe domestic partnership, and to determinetheir rights in the event of a separation ordissolution of their domestic partnership,as hereinafter discussed.The following shall constitute and remainthe “separate property” of the respectiveparties: (a) property, whether real or personal,and whether vested, contingent, or inchoate,belonging to or acquired by a party prior tothe… [read post]
21 Jun 2015, 7:59 pm
(Pix © Larry Catá Backer 2015)I have been invited to participate in a Workshop on a Treaty on Business and Human Rights, hosted by the Universidad Autónoma de Madrid, organized by the Autónoma and the Fakulteta za državne in evropske študije and convened by Jernej Letnar Černič and Nicolás Carrillo-Santarelli. [read post]
27 Mar 2022, 10:36 am by Annsley Merelle Ward
Although there are 7 representations, the main features can be seen in 3 drawings: The unregistered designs relied upon are:  (a) the whole of the Heeled Regina boot (essentially the same as the RCD); and (b) the Heeled Regina boot with the back panel/gusset area excluded; and (c) the Heeled Regina boot with the back panel and part of the inner side of the boot excluded:Fairfox & Favor relied on seven features of the unregistered design of the Heeled Regina as follows:the… [read post]
14 May 2023, 6:56 pm
" The analysis centers political ideology and its formal expression through law, regulation, guidance, and operational supervision (theory does matter in this context, perhaps a lot). [read post]