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15 Sep 2023, 4:39 pm by Thaddeus Mason Pope, JD, PhD
The criteria in paragraphs (b)(1)(i) through (iii) of this section are not a legitimate nondiscriminatory reason for denying or limiting medical treatment and may not be a basis for a determination that an individual is not qualified for the treatment, or that a treatment is not clinically appropriate for a particular individual.(2) Consent. [read post]
13 Sep 2023, 6:30 am by ernst
Chase stated expressly that Section 3 can only be enforced by Congress through federal legislation. [read post]
13 Sep 2023, 6:00 am by Tad Lipsky
It initially focused on false advertising—an admirable effort, but contributing little to the ambitious progressive antitrust vision. 1917-1933: Detours Through War and Republican Administrations Before the FTC could find a sense of mission, the United States entered World War I and the federal government suspended most antitrust enforcement. [read post]
12 Sep 2023, 1:35 pm by Delia A. Deschaine
The DEA has the final authority to reschedule a drug and will now initiate its own review of marijuana, a process that does not have any definitive timeline but could be moved along if determined to be an agency priority. [read post]
11 Sep 2023, 10:24 pm by Josh Blackman
Part III turns to another case that Chief Justice Chase presided over. [read post]
11 Sep 2023, 9:01 pm by renholding
The Final Rulesdismissed all comments urging that disclosures, consents or other requirements be satisfied through LPACs, and even applied the preferential information rights provisions to information received by LPACs. [read post]
10 Sep 2023, 5:38 pm by Jacob Katz Cogan
We are in the latter moment, but that does not mean that the former’s time has passed. [read post]
10 Sep 2023, 9:28 am by Simon Lester
I took a bit of language from the case law and a bit from GATT Article III to achieve the balance in a way that I think is reasonable, but I'm open to alternatives. [read post]
10 Sep 2023, 9:28 am by Simon Lester
I took a bit of language from the case law and a bit from GATT Article III to achieve the balance in a way that I think is reasonable, but I'm open to alternatives. [read post]
8 Sep 2023, 5:22 am by Andrew Lavoott Bluestone
Barraud and Springman would have been able to deduct flow-through losses from NFGTV to their individual tax returns to offset their taxable income, such that they were damaged, and (iii) whether the accountants that were hired by the plaintiffs after L&C was terminated failed to correct the 2016 tax returns before the statute of limitations closed, such that their actions constitute an intervening cause. [read post]
7 Sep 2023, 9:01 pm by renholding
Liabilities that are expected to be subject to the cap include structured notes, external vendor and operating liabilities and obligations to employees and liabilities arising other than through a contract. [read post]
5 Sep 2023, 10:04 am by Amy K. Dow
These additional considerations include, for example, determining: (i) when parental consent is required, (ii) when translation and interpretation of informed consent information is required, and (iii) how to ensure certain competency requirements are met for enrolling study subjects. [read post]
5 Sep 2023, 6:50 am by Rebecca Tushnet
Defendant also made the argument I’ve seen emerging for a while: that, under TransUnion, Article III precluded a class action. [read post]
2 Sep 2023, 12:59 am by Eleonora Rosati
Does the distinction between centralized and decentralized metaverses have substantial implications insofar as the localization of IPR infringements is concerned? [read post]
1 Sep 2023, 2:39 pm by Eugene Volokh
"[T]he people are the sovereign," but they express their will and govern through their duly elected representatives. [read post]
31 Aug 2023, 9:05 pm by Sri Medicherla
Department of Health and Human Services (HHS) announced its recommendation to the Drug Enforcement Agency to reclassify marijuana from a Schedule I substance that has no accepted medical use to a Schedule III substance, which consists of drugs “with a moderate to low potential for physical and psychological dependence. [read post]