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In determining whether speech is commercial, courts generally consider three factors: (1) whether the communication is an advertisement; (2) whether the communication refers to a specific product or service; (3) and whether the speaker has an economic motivation for the speech. [6] If all three elements are met, then there is a strong likelihood that the speech is commercial. [7] “Native advertisements” – as defined above – fall squarely within the traditional… [read post]
28 Sep 2014, 9:01 pm by Ronald D. Rotunda
We also know that the President (the chief law enforcement officer of the United States) announced last February that there has not been a “smidgen of corruption” even though neither he nor the Department of Justice could have examined all the evidence, in particular the emails and other electronic information. [read post]
24 Sep 2014, 3:16 pm by Malik W. Ahmad
(o) All property in this State of the judgment debtor where the judgment is in favor of any state for failure to pay that state’s income tax on benefits received from a pension or other retirement plan. [read post]
24 Sep 2014, 3:16 pm by Malik W. Ahmad
(o) All property in this State of the judgment debtor where the judgment is in favor of any state for failure to pay that state’s income tax on benefits received from a pension or other retirement plan. [read post]
23 Sep 2014, 7:05 am by Patricia Salkin
The Borough states that Chabad’s “proposed modifications called for a 17,000-square foot addition . . . , including administrative offices, classrooms, a nearly 5,000 square-foot residence for Rabbi Eisenbach and his family, an indoor swimming pool, guest accommodations, kitchens, and a ritual bath. [read post]
20 Sep 2014, 11:07 am by Schachtman
Carter is hard to square with commentators and precedent and the logic of the law. [read post]
19 Sep 2014, 6:00 am by Guest Blogger
This was the question put squarely to the Alberta Court of Appeal in R v Mackie 2014 ABCA 221. [read post]
18 Sep 2014, 11:17 am
Ever since the FDA decided that discretion was the better part of valor – or read the handwriting on the wall – and decided not to appeal United States v. [read post]