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24 Apr 2018, 2:19 pm by Rebecca Tushnet
[But that doesn’t explain why there should be a requirement to go to screencap first, especially given its questionable legality, or why the exemption should be written to distinguish between the two.]CO: The proponents say it’s confusing.Opponent exhibit: from a woman responsible for VOD output for Discovery. [read post]
23 Apr 2018, 9:01 pm by Joanna L. Grossman
(A lovely tribute by his former clerk Heather Gerken can be found here, and one by his former clerk and fellow Verdict co-columnist Michael C. [read post]
23 Apr 2018, 8:32 am by William Ford
” Olga Oliker will join Nersisyan in a discussion moderated by Michael Kofman. [read post]
23 Apr 2018, 8:28 am by Dan Carvajal
They may cap the amount of a rate increase in a given year, establish a maximum allowable rate, require voter authorization, or even freeze rates outright.[11] This class of limitations is best understood as a structural impediment to the growth of government. [read post]
23 Apr 2018, 7:16 am by Ken White
The motion to dismiss went a bit further: it said that, in fact, the company had no desire to prevent McDougal from telling her story going forward (it pointed out, for example, that McDougal had given an extensive interview to Anderson Cooper). [read post]
22 Apr 2018, 9:45 pm by Susan Dudley
But modifying or rescinding existing regulations requires agencies to conduct careful analysis and follow procedural steps, which will take years to complete, especially given likely judicial challenges. [read post]
22 Apr 2018, 9:30 pm by Series of Essays
There is no easy way to design a regulatory system that can respond to evolving market forces, yet any effort to do so is likely to yield enormous dividends, given the current political impasse associated with regulatory policymaking. [read post]
22 Apr 2018, 5:05 pm by Lisa Ouellette
" Situated against the broad array of adjudicatory procedures used by other agencies (as cataloged by my colleague Michael Asimov), Walker and Wasserman argue that "the PTAB adjudicatory proceedings are not that unusual," and that the Federal Circuit is wrong to suggest that they must be governed by the APA's formal adjudication requirements. [read post]
22 Apr 2018, 4:31 pm by INFORRM
Canada Blogger Michael Geist reviews the Canadian Supreme Court’s decision in the case of Google v. [read post]
22 Apr 2018, 9:00 am by Michael H Cohen
The CURES Act codifies the way FDA has regulated clinical decision-making software, but is this better or worse for healthcare startups that are trying to position their software within the CDS model? [read post]
20 Apr 2018, 6:36 am by Michael Geist
The post Government Response Suggests No Appetite for Canadian Anti-Spam Law Reform appeared first on Michael Geist. [read post]
19 Apr 2018, 9:01 pm by Jim Sedor
., Dan Patlak, and Michael Cabonargi were told to return about $440,000 of about $600,000 given by the law firms or other companies involved in the property tax appeals business. [read post]
19 Apr 2018, 7:00 am by Daniel Shaviro
But on the other hand there's a paper by Michael Keen and Jack Mintz, modeling the broader social welfare effects (but in light, I suspect, of the authors' considerable empirical knowledge), that suggests it may often be optimal to set the threshold relatively high. [read post]
19 Apr 2018, 6:11 am
By Michael Slenske and Molly Langmuir (New York Magazine)(interesting artwork at the link — warning: nudes!!) [read post]
19 Apr 2018, 6:05 am by Michael Geist
The post Be Careful What You Wish For: The Risk of Ceding Online Content Monitoring to Internet Giants appeared first on Michael Geist. [read post]
18 Apr 2018, 9:01 pm by Vikram David Amar
I think a state should be able to consent by initiative (especially given the recent and correctly decided Supreme Court ruling upholding the initiative-created Arizona Independent Redistricting Commission), but there still could be litigation over this.Another federal question is whether new states can be validly created out of territories located entirely within existing states? [read post]
18 Apr 2018, 2:52 am by Walter Olson
The multi-state, multi-pronged approach is key, Olson said, given the differences between states on everything from recovery to discovery procedures. [read post]
17 Apr 2018, 8:11 pm by Michael Bersani
  The article quotes me as follows: Michael Bersani, a personal injury plaintiffs lawyer for Michaels & Smolak PC in Syracuse, New York, said it has been in insurance companies’ best interests to stall litigation given their considerable resources. [read post]
17 Apr 2018, 8:11 pm by Michael Bersani
  The article quotes me as follows: Michael Bersani, a personal injury plaintiffs lawyer for Michaels & Smolak PC in Syracuse, New York, said it has been in insurance companies’ best interests to stall litigation given their considerable resources. [read post]