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10 Jul 2021, 6:20 am
R. [read post]
10 Jul 2021, 12:18 am
Ingve Stjerna, the complainant in matter 2 BvR 2217/20, acknowledged on his website that: “After the decision, also the main proceedings on the UPCA are now likely to be unsuccessful. [read post]
9 Jul 2021, 5:01 am
"[130] But such a reduction in unfettered control wasn't seen as by itself posing a serious First Amendment problem: Turner rejected cable operators' "editorial control" claims as an argument for strict scrutiny[131]—and when it applied intermediate scrutiny, it didn't view the interference with editorial control as a basis for potentially invalidating the statute.[132] Nothing in the recent Janus v. [read post]
8 Jul 2021, 7:11 pm
L-2044-17.APPROVED FOR PUBLICATION June 15, 2021 APPELLATE DIVISIONThe opinion of the court was delivered by FISHER, P.J.A.D.In this interlocutory appeal, we consider whether inhabitants of an assisted living residence may assert a private cause of action for the facility's alleged breach of their statutory bill of rights. [read post]
8 Jul 2021, 9:02 am
[That's as a policy matter; my First Amendment analysis on this is coming starting with the next post. [read post]
7 Jul 2021, 11:54 am
Free Speech L. __, 5-6 (2021). [86] See, e.g., FCC v. [read post]
7 Jul 2021, 5:01 am
Aren't you being hypocritical or discriminatory? [read post]
7 Jul 2021, 4:00 am
Huy-Quang Nguyen, 2021 QCCDPHA 31 (CanLII) [147] Quant au premier volet du test de l’arrêt Sherman[55], le Conseil estime que la protection des droits à la protection contre l’auto-incrimination, au silence et à une défense pleine entière invoqués par l’intimé constitue, sans équivoque, un intérêt public important. [read post]
6 Jul 2021, 8:10 am
L. [read post]
6 Jul 2021, 5:01 am
Say a phone company argues: We don't want our service to be used to promote racial hatred or advocacy of Communism or conspiracy theories, and our other subscribers don't want it, either. [read post]
4 Jul 2021, 2:07 pm
R. [read post]
2 Jul 2021, 7:58 am
-EV] The proliferation of falsehoods is, and always has been, a serious matter. [read post]
1 Jul 2021, 1:46 pm
Under that interpretation, the statute of limitations begins to run two years after the charge and expires four years later (if no charges are issued in the interim). [read post]
1 Jul 2021, 9:43 am
[T]hese organizations span the ideological spectrum ...: from the [ACLU] to the Proposition 8 Legal Defense Fund; from the Council on American-Islamic Relations to the Zionist Organization of America; from Feeding America—Eastern Wisconsin to PBS Reno. [read post]
Landmark Polish Supreme Court ruling on EU trade mark: acquiescence vs national rules of limitation?
1 Jul 2021, 8:44 am
On 18 May 2021, the Polish Supreme Court issued a much awaited ruling to resolve doubts concerning the national limitation period of non-pecuniary claims in trademark matters. [read post]
30 Jun 2021, 3:19 pm
See Baude, Rethinking the Federal Eminent Domain Power, 122 Yale L. [read post]
30 Jun 2021, 4:00 am
L’arrêt de la Cour suprême le plus récent sur cette question est l’affaire Québec (Commission des droits de la personne et des droits de la jeunesse) c. [read post]
28 Jun 2021, 11:50 pm
Interestingly enough, two weeks later the GC, in Case T-70/20, decided on May 12, 2021 came to a different conclusion for two trademarks “identical” in their word components “MUSEUM OF ILLUSIONS. [read post]
28 Jun 2021, 9:01 pm
Food Systems Summit work Lawrence Haddad, chair of Action Track 1 for the UN Food Systems Summit, said he was shocked there wasn’t an SDG indicator for food safety but glad WHO and FAO are working on it. [read post]
28 Jun 2021, 9:45 am
"[10] The Court reasoned, [T]he case boils down to whether the department's manner of gaining control of the federal funds involves "other legal process," as the statute uses that term. [read post]