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26 Apr 2022, 6:00 am by Lawrence J. Spiwak
As a threshold matter, while courts have traditionally provided guidance as to what exactly constitutes “unfair methods of competition,” Chopra and Khan argue that it should be the FTC that has that responsibility in the first instance. [read post]
20 May 2011, 10:08 am by Michael O'Hear
 In Graham, the Supreme Court spent a good bit of time discussing the pro’s and cons of bright-line rules, and I’m a bit surprised that the Ninham court did not seem to engage with this aspect of the Supreme Court decision. [read post]
21 May 2024, 9:45 am by Dennis Crouch
Rejecting Bright-Line Rules More broadly, the majority opinion reflects the Supreme Court’s oft-stated aversion in KSR  to bright-line rules that constrain the obviousness analysis. [read post]
5 Mar 2024, 10:04 am by Steven Schwartzapfel
No matter your situation, it will be our honor and privilege to fight for you! [read post]
16 Jun 2011, 7:35 am by admin
  For a property’s long-term use and value, which matters more, its location or its original configuration? [read post]
2 Jan 2024, 5:01 am by Eugene Volokh
[We] agree with our concurring colleague insofar as he cautions against such a bright-line rule—which would not take into account communications about individuals that constitute unprotected speech such as incitement. [read post]
3 Jul 2024, 10:43 am by Guest Author
  Finally, the idea that Jarkesy, Loper Bright, and Corner Post v. [read post]
14 Dec 2010, 12:34 pm by admin
  But the costs don’t really matter when you’re dealing with your eyes: you want it done by a competent, skilled and experienced doctor. [read post]
23 Nov 2021, 8:25 am by Kevin Kaufman
According to Tax Foundation’s study Location Matters, which analyzes effective tax rates by state and industry, Ohio ranks best in the nation for new distribution centers. [read post]
23 Apr 2020, 11:33 am by Jonathan Bailey
There’s simply no way to get consistency out of fair use without bright-line rules. [read post]
11 Jun 2021, 3:12 pm by John McFarland
In the Supreme Court, BPX (along with amici from industry advocates) argued for a bright-line rule: a lessor’s acceptance of royalties calculated on a pooled basis always amounts to ratification of a pooled unit as a matter of law. [read post]