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6 Mar 2013, 4:00 am by Mark Seidenfeld
 At the same time, scholarship has focused on agencies as strategic actors vis-à-vis the judiciary, choosing methods of policymaking to minimize the potential for courts to interfere with that endeavor. [read post]
5 Mar 2013, 2:04 pm by Kevin
That's funny, because I'm looking at some amendments here (I'm thinking IV, V, VI, and VIII) that say he doesn't. [read post]
5 Mar 2013, 9:57 am by Sai Vinod
For a country with a population totalling 1.2 billion, the volume of ticket sales vis-à-vis movies produced is abysmal. [read post]
5 Mar 2013, 2:50 am by Florian Mueller
In this context the brief accuses Google of hypocrisy given that it had no qualms about fragmenting Java but aggressively combats Android forks:"Google’s bad faith [vis-à-vis Oracle] is further underscored by its hypocritical reaction to other companies' attempts to create incompatible versions of Android. [read post]
4 Mar 2013, 5:01 pm by oliver randl
The immersion silver plating bath of example A does not specify the silver ion concentration nor that it is aqueous. [read post]
4 Mar 2013, 3:00 am by Robert N. Berg
” Patient Advocacy – According to the Principles, employed physicians should be free to engage in volunteer work or teach, outside of their duties as employees, so long as it does not interfere with their job responsibilities. [read post]
3 Mar 2013, 1:14 pm by familoo
At present the judgment is not apparently on BAILII and it is unclear which of Booker’s many cause celebres (how does one pluralise that phrase?) [read post]
1 Mar 2013, 10:59 am by Veronika Gaertner
The jurisdiction of German courts does not depend on the consumer’s material vulnerability. [read post]
28 Feb 2013, 5:49 am by Steve Vladeck
Rather, we argue that, although this issue normally wouldn’t seem like one worthy of the Supreme Court’s limited attention, the Court in fact has an obligation to exercise more of an error-correcting function in appeals from the military justice system, because (1) collateral post-conviction review of military convictions in the Article III courts is heavily circumscribed; and (2) Congress in the Military Justice Act of 1983 expanded the Court’s appellate jurisdiction… [read post]
26 Feb 2013, 7:37 pm by Stephen Bilkis
Further, so much of the allegations in this count pertaining to the dumping of 55 gallon cans containing untested liquids by employees of the facility, even if such activities amounted to violations of other laws or regulations, are irrelevant to the legal position of any of the defendants vis-a-vis the supposed victims of the larceny scheme inasmuch as these activities could have no impact on the ultimate liability of the "victims" even under the strict liability imposed by E.C.L.… [read post]
19 Feb 2013, 5:01 pm by oliver randl
In the present case the patent proprietor filed a request for re-establishment into the time limit for filing a notice of appeal.The factual situation was as follows (sorry for the length, but I find the modus operandi interesting):Mr Adrian F. had worked for 26 years in the law firm representing the appellant but had retired from the partnership on June 30, 2011. [read post]
19 Feb 2013, 2:23 pm by James H. Wilson, Jr.
   Of course, counsel should also argue federal preemption of the state court enforcement procedure based on the supremacy clause in Article VI, Clause 2 of the U.S. [read post]
13 Feb 2013, 9:01 pm by Vikram David Amar
  On one hand, the executive branch is in a particularly awkward position when it is asked to defend a statute that is not only arguably unconstitutional, but unconstitutional precisely because it invades the province of the executive branch vis-à-vis the legislature. [read post]
13 Feb 2013, 2:23 pm by Benjamin Wittes
At the same time, U.S. citizens also enjoy certain legal rights vis-a-vis the U.S. government and consequent expectations of free travel and government protection both domestically and overseas that non-citizens do not enjoy. [read post]
10 Feb 2013, 9:27 pm by Vanessa Schoenthaler
Adviser Independence It is not necessary that a compensation adviser actually be independent, only that the compensation committee conduct and independence assessment taking into consideration the independence factors enumerated in the committee’s charter, before selecting, or receiving advice from, a compensation adviser.However, no independence assessment is required in the case of in-house counsel or a compensation adviser who’s role is limited to: (1) consulting on… [read post]
10 Feb 2013, 4:48 am
Is there something in the notion of "rent-seeking" that might explain why the actions of an NPE vis-à-vis a patent are criticized, but the same action taken by the original owner of the patent is not? [read post]