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19 Jul 2022, 5:01 am
But those arguments should still be remembered, if only as cautionary tales. [* * *] Tomorrow: How can we make sense of the line between punishable lies and unpublishable lies. [read post]
26 Dec 2013, 9:01 pm
In light of the disposition of the Obama Administration, Snowden has been on the run and seeking exile since his first leak. [read post]
5 Aug 2013, 11:43 am
After years of study, Marin County adopted an Ordinance in 2011 banning single-use plastic bags and mandating a 5-cent fee on single-use paper bags; the ordinance applies to roughly 40 retailers in the unincorporated county. [read post]
28 Apr 2008, 4:30 am
In subsequent years I have seen the Schindler formulation quoted on numerous occasions in published and unpublished decisions. [read post]
27 Oct 2008, 3:40 pm
This is Utah: "Unpublished decisions of the COA issued on or after 10/1/1998 may be cited as precedent. [read post]
12 Feb 2019, 10:30 am
The unpublished portion of the opinion, which also won’t be further discussed here, rejected Appellants’ arguments that the project failed to meet the City Zoning Code’s open space requirements, and that the City’s “nondetriment” findings inadequately addressed alleged emergency vehicle access and related fire hazard concerns.) [read post]
24 Nov 2015, 12:03 pm
Supplemental analysis supporting the FEIR’s Master Response (including consideration of two recent unpublished scientific articles and a supplemental modeling study and sediment transport analysis) simply reinforced the DEIR’s conclusions; moreover, because the project’s incremental contribution to any cumulative impact on sediment transport/coastal erosion was found less than significant “a more comprehensive analysis of the cumulative impact of past, present and… [read post]
1 Mar 2018, 1:24 pm
It can make a huge difference for unpublished works, for example; indeed, it was virtually dispositive in the Harper & Row v. [read post]
26 Feb 2019, 10:24 am
” Interestingly, it supports this conclusion with a lengthy footnote citing reasoning in an unpublished 2006 opinion from the Second District. [read post]
7 May 2007, 3:29 am
At pages 121-123 of Innovation and Its Discontents (Jaffe and Lerner), there is text:An illustration of the difficulty of proving that an invention is obvious is the 2002 decision, In re Lee, which revolved around a technology at the very heart of the American way of life: the television remote control [read post]
2 Jul 2020, 9:18 am
(In the unpublished part of the opinion, the Court held Petitioner had alleged sufficient facts to overcome Respondents’ statute of limitations argument for purposes of demurrer, that the case was not shown to be moot on the basis of the record before the Court, and that Petitioner had failed to show the trial court erred in denying its motion to compel production of documents pursuant to requests the trial court had found overbroad in scope.) [read post]
29 Jan 2014, 4:59 am
Goodlatte (committee chair): Fair use was codified only in 1976 but part of copyright law before that; changed a bit in 1992 for unpublished works but unchanged otherwise. [read post]
20 Feb 2019, 2:37 pm
This article examines some recent published and unpublished decisions from last decade of eminent domain cases in Ohio, and considers their effect on appropriation proceedings in the State, particularly in the areas of evidentiary, substantive, and procedural issues. [read post]
26 Jul 2018, 4:00 am
Periodically on Thursdays, we present a significant excerpt, usually from a recently published book or journal article. [read post]
7 Jun 2011, 2:17 pm
In the unpublished portion of the opinion, the Court found that the trial court properly gave a first aggressor instruction where Mr. [read post]
13 Feb 2023, 7:54 am
(There was also a provision allowing registration of an unpublished work, which would replace the common-law copyright with a federal statutory copyright.) [read post]
7 Nov 2014, 5:52 am
We’ve made no secret of our distaste for the so called “heeding presumption” – that juries may presume that any alternative “adequate” warning would have been heeded by the plaintiff (or, in prescription medical product cases, the prescriber). [read post]
19 Sep 2011, 9:36 am
With the exception of a few evidence scholars, Federal Rule of Evidence 703 is ignored or misunderstood in practice. [read post]
26 Aug 2015, 9:06 am
P&G, but it declined to opine on the hashtag in its (unpublished, nonprecedential) opinion. [read post]
6 Oct 2011, 12:29 pm
In a brief unpublished disposition, the Ninth Circuit denied Judulang’s petition for review. [read post]