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20 Feb 2019, 10:32 am by admin
Incorporation of the Bill of Rights is a cryptic subject.12 There is little consensus on whether Black’s “total incorporation,”13 Frankfurter’s “fundamental fairness and ordered liberty,”14 or Brennan’s “selective incorporation,”15 if any, is correct.16 Concerning the Takings Clause, however, congressional records provide some insight but do not settle the question. [read post]
20 Feb 2019, 5:00 am by Ryan Scoville
Table 1: Career Versus Political Nominees Since 1980 Metric Career Political Difference Campaign Contributions (% of Nominees) 5% 73% +68% Campaign Contributions (Average Value, Excluding Bundling) $33 $84,850 +$84,817 Knowledge of Principal Language (% of Nominees) 66% 56% -10% Knowledge of Any Relevant Language (% of Nominees) 80% 65% -15% Experience in State (% of Nominees) 15% 8% -7% Experience in or Involving State (% of… [read post]
23 Jan 2019, 7:26 am
” Id.TMEP Section 1202 lists 15 grounds for refusal under the rubric "failure to function. [read post]
18 Jan 2019, 4:42 am by Jessica Kroeze
If the prior art already discloses a (low-molecular) chemical compound having a certain degree of purity and a method for its manufacture, does this imply an implicit disclosure of the same compound having a higher purity - thus prohibiting later claims to the compound defined by a certain higher degree of purity? [read post]
17 Jan 2019, 7:58 pm by MOTP
UPDATE: Texas Supreme Court denied review 5/24/2019 CLAIM-FRACTURING CUM APPELLATE GALORE Natgasoline LLC v. [read post]
13 Jan 2019, 11:30 pm by Guido Paola
The BoA concludes that indeed such a delay can be considered a substantial procedural violation (in line with T 823/11 but deviating from T 1824/15). [read post]
3 Jan 2019, 5:21 am by Oswin Ridderbusch
Indeed, while Article 15(1)(a) of Regulation (EC) 469/2009 on SPCs for medicinal products (and, likewise, Article 15(1)(a) of Regulation (EC) 1610/96 on SPCs for plant protection products) provides that an SPC shall be invalid if “it was granted contrary to the provisions of Article 3”, the CJEU ruled in Hässle (C-127/00) and Synthon (C-195/09) that even if it is not possible to infer from the wording or the origin of Article 15(1) that the list… [read post]
3 Jan 2019, 12:30 am by MOTP
The record does not include a certificate from the Harris County Tax Assessor transferring the tax liens for these two years to Moncor. [read post]
2 Jan 2019, 2:55 pm by MOTP
The affirmative defense of quasi-estoppel precludes a party from asserting, to another's disadvantage, a right inconsistent with a position she has previously taken. [read post]
19 Dec 2018, 3:00 am by Kevin Kaufman
The degree to which state tax provisions conform to the federal Internal Revenue Code (IRC) varies, as does the version of that code to which they conform. [read post]
7 Dec 2018, 12:58 am by Oswin Ridderbusch
In the United Kingdom, the position of the UK IPO is that an SPC based on a revoked patent is invalid as a matter of fact (with retroactive effect), and that this does not require applying for a declaration of invalidity. [read post]
28 Nov 2018, 12:03 pm by Laura C. Baucus and Robert Hugh Ellis
The two primary sources of authority are the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. ch. 96 (“E-SIGN”), along with various state adaptations and permutations of the Uniform Electronic Transactions Act (“UETA”). [read post]