Search for: "In Re Root"
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11 Jun 2015, 4:46 am
“The root materiality determination comes not from the UCL but from the underlying substantive statute: COPA. [read post]
15 Dec 2013, 2:13 pm
On Thursday, December 12, 2013, the Supreme Court of British Columbia considered the validity of a pour over clause in a will in Re Kellogg Estate, 2013 BCSC 2292. [read post]
10 Apr 2014, 10:58 pm
We're congenitally opposed to finality. [read post]
2 Oct 2014, 5:39 am
I discuss the issue at length in the Supreme Court Review, so here I’ll just summarize the main considerations as they’re emerging.The anti-animus doctrine is a species of purpose analysis in constitutional law. [read post]
13 Dec 2013, 8:41 am
This failure also highlights the extremely important need to re-examine from first principles, several canons of constitutional and statutory interpretation that are routinely adopted by Indian courts, and to evolve theoretical frameworks which clearly explain what exactly such principles entail and what they do not. [read post]
21 Jul 2020, 11:23 am
It's not like we're getting best-in-class outcomes from the vast, decentralized police ecosystem we've built out in Texas. [read post]
2 Apr 2019, 5:51 am
So we're not talking about a third-party, but partically fourth-party, beneficiary rights.I know I'm repeating myself: I'm not against third-party or even fourth-party beneficiary rights in the FRAND context. [read post]
26 Dec 2013, 7:13 am
They love each other but they’re stabbing each other. [read post]
16 Jun 2020, 6:30 am
Especially if they’re writing Supreme Court opinions, they know law students will be reading their work for generations. [read post]
7 Jul 2022, 9:00 am
Why risk pulling a muscle pretending that we're not hacks? [read post]
26 Apr 2019, 6:54 am
., has a great deal to do with the values and loyalties that are rooted in one’s past, the life and culture to which one belongs and the interests made possible by it which absorb one. [read post]
4 Dec 2023, 10:08 pm
To this it should be added that, under the traditional Italian approach, designs would be only protectable by copyright provided that they possess ‘artistic value’: in turn, that artistic value that is needed for copyright protection to arise is the same thing that confers substantial value to the goods.To tackle this issue, the Supreme Court recalled at the outset that the absolute grounds found in Article 7(1)(e) EUTMR / Article 4(1(e) TMD are rooted within a public policy… [read post]
13 May 2024, 10:02 am
There’s just one wrinkle: the Big Tech companies don’t want that future, and they’re trying their damndest to strangle it in its cradle. [read post]
21 Mar 2022, 4:00 am
It has to be rooted in the law. [read post]
25 Feb 2025, 2:25 pm
The scope and gravity of these responsibilities cannot be overstated and require a deeply-rooted commitment to protecting the civil rights of every individual, especially those in marginalized communities. [read post]
22 Mar 2018, 4:44 am
The only similarity between these “constellations” is that they’re both compositions of stars.The case certainly brings up questions of how expert evidence should be viewed by the court: Again and at the end of her opinion Judge Nguyen is critical of the role of the musicologists in this case saying "Admittedly, it can be very challenging for judges untrained in music to parse two pieces of sheet music for extrinsic similarity. [read post]
2 Sep 2020, 12:47 pm
It is a mockery of legislation to enact and re-enact but to do nothing towards enforcing. [read post]
22 Oct 2020, 11:25 am
But willingness to play narrative hardball may be yet another asymmetry, perhaps rooted in aspects of liberal and conservative ideology, perhaps the asymmetry of the partisan echo chambers, perhaps other factors Dave and I spent way too much time thinking about two years ago, or ones we didn’t think of, that will give Democrats a steeper hill to climb in 2021.I now think that the real beginning of the modern judicial confirmation wars, which coincides with the modern… [read post]
4 Dec 2019, 4:57 pm
More importantly, because China is still struggling in transition, the current data protection laws have no roots in constitutional values, and hence, no compatible and profound theory. [read post]
4 Aug 2016, 12:45 pm
This creates a conflict: If you’re breastfeeding and are back at work, unless you pump breast milk on roughly the same schedule the baby feeds, you risk losing your milk supply or developing engorgement, pain, and infection. [read post]
