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28 Nov 2014, 5:25 pm by Sabrina I. Pacifici
Aneja, Abhay and Donohue, John J. and Zhang, Alexandria, The Impact of Right to Carry Laws and the NRC Report: The Latest Lessons for the Empirical Evaluation of Law and Policy (September 4, 2014). [read post]
26 Nov 2014, 1:50 pm by Jackie Hutter, IP Strategist
A general motivation for operating companies is their freedom of exploitation vis-à-vis third party patents, and it is true that the filing of a patent application effectively reduces risks as to freedom of exploitation by anticipating subsequently filed third party patent applications. [read post]
22 Nov 2014, 6:39 am by Adam B. Cordover, Attorney-at-Law
(Excerpt from a Post on Yahoo Collaborative Collaborative Law Listserve, April 10, 2014) Robert J. [read post]
19 Nov 2014, 7:00 am
It must, to be true to its own task, assume that the other restatements will fail in their ambitions. [read post]
18 Nov 2014, 1:28 pm
The First Amendment protects truthful, nonmisleading commercial speech promoting lawful products or services, but especially when the products or services are themselves protected by other constitutional rights, such as the right to abortion or the right to buy contraceptives.[1] What is true for unenumerated constitutional rights must be at least as true for the enumerated right to bear arms, which includes the right to possess and acquire handguns.[2] Plaintiff firearms dealers… [read post]
18 Nov 2014, 5:16 am
Therefore, the way the framework has consistently operated fairly establishes that it has operated according to its true nature. [read post]
16 Nov 2014, 6:00 am by Barry Sookman
It is true that the Anglo-Canadian common law of contract has been reluctant to impose mandatory rules not based on the agreement of the parties, because they are thought to interfere with freedom of contract: see Gateway Realty, per Kelly J.; O’Byrne, “Good Faith in Contractual Performance”, at p. 95; Farnsworth, at 677-78. [read post]
15 Nov 2014, 3:05 pm by Schachtman
The recent opinion piece by Kevin Elliott and David Resnik exemplifies a rhetorical strategy that idealizes and elevates a burden of proof in science, and then declares it is different from legal and regulatory burdens of proof. [read post]
12 Nov 2014, 2:06 am by Allison Tussey
   The banks and lenders issued loans they either would not otherwise have made, or issued loans on terms they would not otherwise have authorized, had the Builders and others not concealed the true terms of the transactions, the actual qualifications and intentions of the straw buyers, the promises and representations made by the Builders and others to the straw buyers, and the false down payments of the straw buyers as reflected on the HUD-1 settlement statements. [read post]
11 Nov 2014, 7:27 pm
(Pix (c) Larry Catá Backer 2014) Since 2010, I have been posting on the development of a new course I have been developing for our first year law school students, "Elements of Law. [read post]
11 Nov 2014, 7:03 am by Bryan Heaney
Sachs J said: “The state should, wherever reasonably possible, seek to avoid putting believers to extremely painful and intensely burdensome choices of either being true to their faith or else respectful of the law. [read post]
7 Nov 2014, 3:22 pm by Gary P. Rodrigues
Buck 2007The Persons Case: The Origins and Legacy of the Fight for Legal Personhood by Robert J. [read post]
7 Nov 2014, 11:54 am by Andy Wang
What’s more, the FBI’s missive did not have a true communicative purpose at all; the message instead was merely the vehicle by which malware was delivered. [read post]