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20 Apr 2016, 8:46 am by Lisa Gormley
In the case of Gonzales Carreno v Spain, there was a stringent analysis of the rights of children in cases of domestic violence to be heard by the courts, and for decisions relating to custody not to be swayed by stereotypical views, including that an abusive father has the right to parental contact, irrespective of the harm his behaviour causes the child. [read post]
20 Apr 2016, 8:46 am by Lisa Gormley
In the case of Gonzales Carreno v Spain, there was a stringent analysis of the rights of children in cases of domestic violence to be heard by the courts, and for decisions relating to custody not to be swayed by stereotypical views, including that an abusive father has the right to parental contact, irrespective of the harm his behaviour causes the child. [read post]
7 Apr 2016, 4:50 am by Rebecca Tushnet
  Nimmer sees this as no-harm, no-foul because most applications are accepted. [read post]
16 Mar 2016, 7:46 pm by Old Fox
Minogue could suffer harm from having consumers confuse the two marks because of the criticism that Ms. [read post]
11 Mar 2016, 7:55 am by Rebecca Tushnet
 Session 1: Entitlement DesignModerator: Rebecca L. [read post]
19 Feb 2016, 5:33 pm by Rebecca Tushnet
  Function of lay perspective unclear; rationales vary and are sometimes in conflict—proxy for market harm, other things. [read post]
19 Feb 2016, 11:57 am by Rebecca Tushnet
 Rebecca Tushnet, The First Amendment Walks into a Bar: Trademark Registration and Free Speech I’m going to talk fast so you have maximum time to yell at me. [read post]
27 Jan 2016, 12:58 pm by David Post
As in this case, it doesn’t even need to have evidence of actual confusion or real harm; it doesn’t need to be able to establish even a single factor to the satisfaction of a court. [read post]
23 Jan 2016, 9:26 pm by Patricia Salkin
However, the court found that these expressions of concern did not constitute probative evidence of harm, since Landowners’ counsel stated that the e-mails were not being introduced to prove a direct impact on health but to establish the risk of loss of Landowners’ customers. [read post]
18 Jan 2016, 9:05 pm by Walter Olson
[Nicholas Diamond, Harvard “Bill of Health”] Denmark, like other Scandinavian countries and New Zealand, has replaced malpractice suits with iatrogenic injury compensation scheme Pro Publica Has liberalized patient access to opioids been a net harm? [read post]
5 Jan 2016, 1:46 pm by Amy Howe
On this point, the United States adds that an “employee who is willing to exert even the minimal effort necessary to check a box and mail in a form suffers no cognizable First Amendment harm. [read post]
27 Dec 2015, 9:30 pm by RegBlog
The standards are themselves deeply flawed as a result, and they are embedded in an accountability system that is causing grave harm to students. [read post]
20 Nov 2015, 10:03 am by Rebecca Tushnet
 Incredibly important to keep talking about harm. [read post]
20 Nov 2015, 7:38 am by Rebecca Tushnet
  When courts started considering other harms, they were thinking of harms to producers—market foreclosure, reputational harm. [read post]
8 Nov 2015, 11:32 am by Chad Ruback
  A trial court judge committing an error (even a harmful, reversible error) is simply not extraordinary. 17. [read post]
8 Nov 2015, 11:32 am by Chad Ruback
  A trial court judge committing an error (even a harmful, reversible error) is simply not extraordinary. 17. [read post]
30 Oct 2015, 9:17 am by Rebecca Tushnet
 Rebecca Tushnet, Professor, Georgetown University Law Center First note: abortion is different. [read post]
23 Oct 2015, 1:07 pm by Rebecca Tushnet
Rebecca Tushnet: And now for something different! [read post]
13 Oct 2015, 12:11 pm by Rebecca Tushnet
 Rebecca Tushnet, Professor of Law, Georgetown University Law Center: Compared to §230, §512 notice and takedown doesn’t make anybody happy. [read post]