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8 Jan 2016, 5:26 am
  Specifically, the judge explains that[u]nder Federal Rule of Civil Procedure 12(b)(6), a district court must dismiss a complaint if it fails to state a claim upon which relief can be granted. [read post]
23 Jun 2014, 2:12 am
This Kat thinks that under US law the response should be pretty straightforward, in the sense of 'No' being likely answer, as any potentially infringing activities might be considered fair use within §107 of the Copyright Act, particularly because of their transformative nature [as recent examples, see Cariou v Prince, here, and Seltzer v Green Day, here]. [read post]
9 Sep 2019, 5:00 am by Janene Marasciullo
 Form CRS also requires the BD to state that it has “a legal or disciplinary history” if either the BD or any of its RRs has made disclosures concerning criminal proceedings, regulatory proceedings, judicial proceedings, or unsatisfied judgments on their Forms BD, U-4 or U-5, or if an RR has reported a customer complaint or a specified termination on a Form U-4 or Form U-5. [read post]
3 Mar 2016, 5:19 am
  It’s also a stunning repudiation of the other side’s rhetoric.We remember, back in 1999, when the New Jersey Supreme Court went off on a tangent and recognized a novel “DTC advertising” exception to the learned intermediary rule in Perez v. [read post]
28 Feb 2019, 4:08 am by SHG
United States, 556 U. [read post]
11 Mar 2013, 10:18 pm by Shouvik Kumar Guha
Next it was Aparajita’s turn to come up with an incisive case review of Lupin Ltd. v. [read post]
21 Nov 2011, 7:21 am by Joshua Matz
Circuit’s opinion in Latif v. [read post]
30 Apr 2018, 2:31 pm by Eugene Volokh
But it seems to me clear that -- whatever some may think of Phillips' politics or his tactics -- his speech is being unconstitutionally restricted here, in a way that can equally easily be applied to a vast range of speakers expressing a vast range of other viewpoints. [read post]