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27 Mar 2012, 6:21 am by Rebecca Tushnet
  Note how broadly the court’s principle sweeps: there are a number of regulations of specific fields that would appear to be jeopardized by this standard, including restrictions on the kinds of tie-in benefits that sellers of real estate can offer, see, e.g., Coldwell Banker Residential Real Estate Services, Inc. v. [read post]
27 Mar 2012, 6:02 am by Rebecca Tushnet
Regardless, plaintiffs argued that they were entitled to strict scrutiny because required “sexually explicit” labels on video games had been struck down by the Seventh Circuit, and Brown v. [read post]
20 Mar 2012, 11:48 am by William McGrath
The cases appear to be the first of their kind relating to the purchase of shares in the pre-IPO market.In the federal court case, SEC v. [read post]
16 Mar 2012, 6:00 am by INFORRM
The facts The claimants are the manufacturers and sellers of the “Roadster” electric car. [read post]
13 Mar 2012, 12:06 am by John Diekman
Practice point: New York adheres to the doctrine, and imposes no liability on a seller for failing to disclose information regarding the premises when the parties deal at arms length, unless there is active concealment.Student note: For concealment to be actionable as fraud, the plaintiffs must show that the defendants thwarted the plaintiffs' efforts to fulfill their responsibilities imposed by the doctrine.Case: Camisa v. [read post]
12 Mar 2012, 8:13 am by Ronald Collins
In December 1833, the American Monthly Review commented on a newly published book by Joseph Story. [read post]