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12 Mar 2024, 2:40 pm
Cf. [read post]
3 Jun 2016, 5:35 am
Cf. [read post]
13 Sep 2019, 6:00 am
For the symposium on Andrew Coan, Rationing the Constitution: How Judicial Capacity Shapes Supreme Court Decision-Making (Harvard University Press 2019).Frederick SchauerAndrew Coan’s important book[i]on the limits of the Supreme Court’s decision-making capacity is built on three foundational points, all of which are correct. [read post]
6 Dec 2024, 6:00 am
Reviewing a determination of the Board of Trustees of the New York City Employees' Retirement System [NYCERS] denying the Petitioner's application for World Trade Center disability retirement benefits pursuant to Retirement and Social Security Law §605(h), Supreme Court annulled NYCERS' determination and directed NYCERS to provide the Petitioner with World Trade Center disability retirement benefits retroactive to October 11, 2018. [read post]
1 May 2014, 4:59 am
.; cf. 21 U.S.C. [read post]
7 Jul 2013, 5:01 pm
Rather it appears that what is required is that for the skilled person the value has to be recognisable as a singularity, as in decision T 201/83 within or at the end of a range of possibilities which may mark an end-point for a particular sub-range (cf. decision T 201/83 [8-9]).[18] In the present case […] the description as filed discloses that: “In a more preferred embodiment [read post]
5 Nov 2017, 1:48 pm
With regard to tian and the natural world one might say that, in the scientific language of today, wen is evidenced in the physical laws (or normative regularities) of nature (cf. [read post]
4 May 2013, 7:40 am
Margot Kaminski, Copyright Crime and Punishment: The First Amendment’s Proportionality Problem Discussant: Jason Mazzone (note: the approach is for discussants to briefly present the authors’ papers, then discuss them) Kaminski argues that European proportionality approach to speech issues that balances them with others could be better in circumstances where the US’s categorical approach excludes consideration of speech interests at all. [read post]
24 Oct 2020, 11:34 am
The practice suggests the way that private, market and harm based civil action may be used to supplement or compensate for failures of criminal law within states (Cf., here). [read post]
19 Jun 2014, 4:14 pm
Category: 101 By: Jesus Hernandez, Blog Editor/Contributor TitleAlice Corp. v. [read post]
23 Dec 2019, 1:01 am
Might there be a new computer under this tree? [read post]
30 Oct 2013, 10:57 am
Jackson v. [read post]
4 Apr 2015, 8:08 pm
For these "ordinary course" disciplines the disciplining group serves to do engage in appropriate corrective education (cf. [read post]
10 Nov 2014, 5:38 am
After a jury convicted Paul Windsor of “five counts of sexual exploitation of a minor in violation of Arizona Revised Statutes §13–3553(A)(1)” and the judge sentenced him “to mitigated, consecutive sentences totaling fifty years' imprisonment”, he appealed. [read post]
5 Jul 2018, 2:27 pm
(…) L’enregistrement d’une marque entraine « constructive notice », erga omnes, de la revendication de titularité de la marque (cf. 15 U.S.C. [read post]
10 Feb 2015, 1:01 pm
Many states have legislation on the books that insulates non-manufacturing intermediate sellers from strict liability. [read post]
4 Feb 2020, 7:28 am
The Landgericht München I (Munich I Regional Court) has just released its Standard-Essential Patent (SEP) Local Rules (PDF, in German)--formally, just "guidance," but in practical terms, those will be the rules for litigants to follow. [read post]
19 Feb 2020, 2:54 pm
TortDangerous Condition LiabilityPublic DefendantDangerous Condition of Public PropertySubstantial Risk TestTraffic CaseCalifornia LawEvidence: Expert Declaration: The proffer of an expert declaration opining that a condition is dangerous does not preclude summary judgmentDestiny Thimon, then 14 years old, was crossing Cherry Street in Newark, California one morning when she was hit by a car driven by Bihn Soudachanh, who did not see her because the sun was in his eyes. [read post]
30 Jun 2023, 6:11 pm
I am delighted to pass along the news that Dini Sejko's excellent article, "Sovereign Investors as ICSID Claimants: Lessons from the Drafting Documents and the Case Law," has been published in the Vanderbilt Journal of Transnational Law, Vol. 56(3):853-903, 2023.The abstract lays out the principal arguments:Abstract: The prominence of state-controlled entities (SCEs) in foreign direct investment (FDI) flows has created multilayer regulatory challenges. [read post]
26 May 2017, 9:24 am
Aug. 6, 2007) (same in case of forfeiture of residence when in excess of 90 images were on computer in home); cf. [read post]
