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11 Oct 2022, 9:14 am by Rebecca Tushnet
However, disgorgement remained possible, using old language from false advertising cases rather than from Romag (suggesting that willfulness would matter/was uncontested at this point in the proceedings). [read post]
6 Oct 2022, 1:40 pm by Guest Author
In fact, as the court noted, when “[c]onfronted with this language at oral argument, government counsel conceded that ‘a rule can be issued, prescribed, or promulgated without publication in the Federal Register or prior to publication in the Federal Register. [read post]
4 Oct 2022, 6:20 pm
As a matter of first impression for our Circuit, we hold that the legislative invocation at issue constitutes government speech. [read post]
30 Sep 2022, 5:28 pm by Eugene Volokh
Even I change my phone number and residence this month to avoid the threats and violence from A, B, and C, [read post]
30 Sep 2022, 8:21 am by Rebecca Tushnet
After 2018 farm bill defining hemp as distinct from marijuana: Appropriate identification w/correct wording can allow hemp goods, but FDCA refusal may still apply even if Controlled Substances Act doesn’t apply b/c hemp can’t be turned to CBD for ingestible/medicinal/therapeutic use—but huge spike in CBD-related applications occurred as a result of 2018 change. [read post]
28 Sep 2022, 1:50 am by Anastasiia Kyrylenko
However, as the CJEU explained for trade mark matters, it is insufficient for the sign concerned to be regarded as being “in bad taste”.The same approach was adopted by the German Federal Patent Court in 10 W (pat) 713/02. [read post]
27 Sep 2022, 11:51 pm by Matthias Weller
Explanatory Reports Garcimartín Alférez, Francisco; Saumier, Geneviève „Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters: Explanatory Report“, as approved by the HCCH on 22 September 2020 (available here) Garcimartín Alférez, Francisco; Saumier, Geneviève “Judgments Convention: Revised Draft Explanatory Report”, HCCH Prel. [read post]
26 Sep 2022, 7:39 am by Joel A. Webber
This Matters to Your Business In three-plus decades as a practicing attorney, and in managing law firms’ work as a corporate executive, I have never witnessed a law firm leader admit such things. [read post]
26 Sep 2022, 6:00 am by Norman L. Eisen
Bexar County, Texas Sheriff Javier Salazar has announced a criminal investigation into Venezuelan migrants being induced in San Antonio to board chartered planes and flown to Martha’s Vineyard. [read post]
26 Sep 2022, 12:15 am
If the LLC has officers, yet another statute comes into play - Section 17704.07(w), but that is a subject for another blog post. [read post]
22 Sep 2022, 10:33 am by Anastasiia Kyrylenko
The Court of Justice of the European Union (CJEU) will soon issue its first ruling concerning the concept of “normal use” in EU design law (case C-472/21). [read post]
22 Sep 2022, 6:30 am by Guest Blogger
” Both Côte d’Ivoire (2016) and Algeria (2020) include a commitment to climate protection in their constitutional preambles. [read post]
21 Sep 2022, 5:01 am by Eugene Volokh
" As a descriptive matter, Weinstein is surely correct that elections are highly structured domains. [read post]
20 Sep 2022, 9:52 am by Alan Z. Rozenshtein
” Finding that the original public meaning of the First Amendment was chiefly “a prohibition on prior restraints and, second, a privilege of speaking in good faith on matters of public concern,” the court holds that HB 20 does not run afoul of the First Amendment. [read post]
15 Sep 2022, 1:24 pm by admin
Cheng does not explain why, under his proposed “consensus rule,” subject matter experts are needed at all. [read post]
13 Sep 2022, 6:30 am by Guest Blogger
”  One may wonder whether Hamilton was sincere, but it really doesn’t matter. [read post]