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23 May 2016, 7:26 am
:[W]e hold that a constructive-discharge claim accrues—and the limitations period begins to run— when the employee gives notice of his resignation.Off the top of my head, I can't think of any reason why this analysis would not hold for analyzing the running of the statute of limitations in similar discrimination claims against private employers (but candidly admit that I have not had occasion to fully research that issue). [read post]
23 May 2016, 6:27 am by David Markus
  Slate's Dahlia Lithwick says Trump's SCOTUS choices are bad for women: The list consists of six federal appeals court judges (all appointed by George W. [read post]
20 May 2016, 11:30 pm by John A. Gallagher
The Company's Paper Supplier Isn't*  Where does the vendor get its supplies, business forms and equipment? [read post]
20 May 2016, 2:03 pm by Rebecca Tushnet
  Historical example: Brokerages lied about completing trades in-house b/c they couldn’t keep up w/the market: ended up w/regulatory intervention, lots of closed brokerages. [read post]
20 May 2016, 1:15 pm by Eugene Volokh
“[A] court may decide as a matter of law whether a statement is actually capable of defamatory meaning. [read post]
20 May 2016, 12:25 pm by Rebecca Tushnet
  Should that matter in a more formal way than it does. [read post]
20 May 2016, 10:07 am by Rebecca Tushnet
Does interference w/TM interests matter any more than other deception? [read post]
20 May 2016, 8:40 am by Rebecca Tushnet
  Then we have to figure out duty and causation—what kind of causal relationships matter. [read post]
19 May 2016, 6:02 pm by stevemehta
”  Section 15610.57, in turn, defines “neglect” in relevant part as “[t]he negligent failure of any person having the care or custody of an elder or a dependent adult to exercise that degree of care that a reasonable person in a like position would exercise. [read post]
19 May 2016, 1:37 pm by Rebecca Tushnet
Even w/in details, there aren’t dramatic differences. [read post]
19 May 2016, 9:23 am by Rebecca Tushnet
Comment periods: in my limited experience, the party w/burden of proof gets opening and reply; surreply is typically not a matter of right. [read post]
19 May 2016, 7:43 am by Rebecca Tushnet
[Which is why we should make it hard for people to create new stuff via remix …]  It’s not the availability that matters, it’s the inability to walk into Best Buy and get the software that matters—practical availability, not binary connection. [read post]
16 May 2016, 3:22 pm
[w]hether we review the findings of a trial court or the verdict of a jury, our underlying task is the same. . . . [read post]
16 May 2016, 2:12 pm by Thorsten Bausch
The 20th, the 11th and the 15th Boards seem to be of the opinion that a lack of clarity is not a ground for rejection of an application at all (BPatG 20 W (pat) 71/04 of 15 April 2009; BPatG 15 W (pat) 33/08 of 16 December 2013 – “Batterieüberwachungsgerät”; BPatG 20W (pat) 8/14 of 7 April 2014 – “Elektrisches Steuergerät”; BPatG 11 W (pat) 32/13 of 15 December 2014 –… [read post]
15 May 2016, 8:04 am by John Floyd
  Police State Receiving Court Blessing   As Rutherford Institute attorney and author John W. [read post]
14 May 2016, 3:34 am by Florian Mueller
But I have no working relationship with Oracle at this stage (and don't plan on having any again), and I'm free to publish things that are in the public record. [read post]