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2 Oct 2015, 1:31 pm by Rebecca Tushnet
 Lessons from TM: there’s always been a TM use requirement; the problem is you immediately descend into addit’l Qs. [read post]
1 Oct 2015, 11:22 am by Rebecca Tushnet
  But that didn’t matter given the FCC’s position—at most there is a scientific debate regarding the risk to children. [read post]
29 Sep 2015, 2:12 pm
`Dismissal under Fed.R.Civ.P. 12(b)(6) is appropriate when a defendant raises a statutory bar,’ such as lack of timeliness, `as an affirmative defense and it is clear from the face of the complaint, and matters of which the court may take judicial notice, that the plaintiff's claims are barred as a matter of law. [read post]
28 Sep 2015, 6:00 am by David Kris
  The conflicts are most acute when one country’s legal prohibitions on producing data in response to surveillance directives cannot be squared with another country’s legal compulsions to do so. [read post]
27 Sep 2015, 10:52 pm by Jeff Nowak
 But what about the employee who has never requested FMLA leave before and doesn’t have a clue as to what FMLA stands for? [read post]
26 Sep 2015, 7:22 am by Rebecca Tushnet
Voids all problems of geographic/int’l disparity. [read post]
25 Sep 2015, 9:31 am by Rebecca Tushnet
 Not a matter of pro-publisher and anti-author. [read post]
24 Sep 2015, 8:48 am by Rebecca Tushnet
  Goudreau’s statement didn’t use the Boston mark in commerce, because it was in a political context, even if it had created a false endorsement. [read post]
23 Sep 2015, 4:00 am by Administrator
Counsel need to ensure that the expert witness understands matters such as the difference between the legal burden of proof and scientific certainty, the need to clarify the facts and assumptions underlying the expert’s opinion, the need to confine the report to matters within the expert witness’s area of expertise and the need to avoid usurping the court’s function as the ultimate arbiter of the issues. [read post]
23 Sep 2015, 3:30 am by Pat Gudridge
Metzger, The Constitutional Duty to Supervise, 124 Yale L. [read post]
22 Sep 2015, 5:34 am by Mike Madison
Ass’n of Am. as Amici Curiae Supporting Appellants at 15 (“[T]he RIAA has an entire department dedicated to identifying infringement and issuing takedown requests. [read post]
17 Sep 2015, 11:58 am by Rebecca Tushnet
  Jaszi: it’s amazing what you can accomplish when you don’t care about who gets the credit; Jaszi demonstrates this. [read post]