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19 Sep 2019, 9:56 am by Eugene Volokh
Circuit decision, which the IRS has since adopted into its regulations).[13] I'm not certain this is so; I think the Supreme Court may well conclude that this so-called "methodology" standard, like the "sufficiently full and fair exposition" standard, is so subjective as to provide too much room for deliberate or subconscious viewpoint discrimination.[14] But even if such a "methodology" test is sufficiently clear to be constitutional, it must be applied… [read post]
11 Sep 2019, 1:00 pm by Oswin Ridderbusch
This interpretation, if adopted by the CJEU, could pose problems for the filing of SPCs for combinations of active ingredients in cases where the claims of the basic patent refer to one of these active ingredients merely as an optional component. [read post]
6 Sep 2019, 11:43 am
Data-driven societal technologies in China and Western-style democracies as a new challenge for education, funded and supported by Grimme-Forschungskolleg an der Universität zu Köln and Bundeszentrale für politische Bildung (bpb), which will take place on 11 October 2019 in Cologne, Germany. [read post]
5 Sep 2019, 9:12 pm by Neil H. Buchanan
Because progressive redistribution does matter, and the public supports it. [read post]
1 Sep 2019, 8:26 am by Joel R. Brandes
Recent Articles of Interest“Clarifying the Concepts of Transmutation and Commingling”  by Joel R. [read post]
28 Aug 2019, 7:20 am by David Post
  It took a constitutional amendment (XXVII) to remove State legislators from their position as Senatorial "electors"; but somehow the role of the Electoral College has dramatically changed without any modifications in the relevant constitutional provisions (since 1804, the date of adoption for Amendment 12). [read post]
23 Aug 2019, 12:16 am by Orin S. Kerr
  As a practical matter, this would mean that the private search reconstruction doctrine doesn' [read post]
8 Aug 2019, 10:00 am by James Kachmar
”  (Citing, Perry & Howell, “A Tale of Two Statutes: Cipro, Edwards, and the Rule of Reason,” 24 Competition: J. [read post]
4 Aug 2019, 10:03 pm by Chris Castle
 His main line of attack is through addressing and limiting functionality (you can just hear the handwringing now from the EFF, Public Knowledge, Engine and R Street about censorship, innovation, etc., etc.) [read post]
1 Aug 2019, 5:00 am by Daniel E. Cummins
   The court noted that, by simply adopting social policies for campus activities, the college did not create an in loco parentis type of duty on the part of the college. [read post]
9 Jul 2019, 2:10 pm by Astarita
In 2002, the Commissions adopted rules establishing margin requirements for unhedged security futures products at 20 percent. [read post]
8 Jul 2019, 6:30 am by Randy Barnett
"  As a general matter, a Plaintiff only has standing to challenge a specific provision of law that provision injures her. [read post]
30 Jun 2019, 8:24 pm by Omar Ha-Redeye
” On September 20, 1917, Parliament adopted not one, but two election acts, though Borden had to use closure to push them through. [read post]