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25 Mar 2024, 12:50 pm
However, for the sake of consistent terminology, ‘creative freedom’ should not be confused with ‘artistic freedom’, the latter notion being used by the German Federal Supreme Court, for instance in USM Haller (I ZR 96/22), but also, unfortunately, in the German version of Cofemel (C-683/17; para 31) while the English version uses the notion ‘creative freedom’ and the French ‘liberté créative’. [read post]
25 Mar 2024, 12:30 pm
Here, I'd like to flag one aspect of the per curiam order that bears on a topic of recent interest: unexplained stays that avoid the four-factor test from Nken v. [read post]
25 Mar 2024, 12:29 pm
This does not include any civil matters. [read post]
25 Mar 2024, 12:19 pm
I can’t quite make sense of the fact that it is both something that almost everyone goes through at my stage of life if not before (i.e. quite normal really), but is also uniquely, overwhelmingly painful (does not feel at all normal) all at the same time. [read post]
25 Mar 2024, 12:16 pm
Read More: Can I Sue For Being Hit By a Semi Truck How Long Does It Take To Recover From Getting Hit By a Truck? [read post]
25 Mar 2024, 11:27 am
The court says these damages aren’t foreseeable, when I really think there’s a problem tracing the harm to the breach. [read post]
25 Mar 2024, 11:09 am
[Yet another case that Justice Kavanaugh would like to hear that does not interest enough of his colleagues.] [read post]
25 Mar 2024, 10:47 am
Here, of course, I want to examine abridging and prohibiting. [read post]
25 Mar 2024, 9:32 am
In his Report of 1800, James Madison,one of the leading framers of the Constitution, responded to claims that the Guarantee Clause authorized the notorious Alien and Sedition Acts of 1798 by emphasizing that "[i]nvasion is an operation of war,"and thus the Clause does not authorize restrictions on immigration. [read post]
25 Mar 2024, 9:24 am
I know the Ninth Circuit was trying to be nice; indeed, generous. [read post]
25 Mar 2024, 8:41 am
But the current approach does not work and impedes conduct being pleaded and pursued. [read post]
25 Mar 2024, 8:11 am
This Essay argues that she does. [read post]
25 Mar 2024, 7:57 am
” The amendments would further specify that the Public Resources Code does not create any mandate to approve oil extraction, and in fact requires CalGEM to minimize harm from extraction activities. [read post]
25 Mar 2024, 7:47 am
I’ll give you an example from a recent Third Circuit opinion. [read post]
25 Mar 2024, 7:00 am
” Merely because the images might convey “an ideological or provocative message” does not make them nonfactual: A fact does not become “value-laden” merely because the fact drives a reaction. [read post]
25 Mar 2024, 6:53 am
For the sake of brevity of this post I do not iterate the detailed facts of the case, but solely outline in general the situation at hand to illustrate the final outcome of the case. [read post]
25 Mar 2024, 6:05 am
People in Gaza are being starved to death. [read post]
25 Mar 2024, 5:30 am
This book — Patent Law: Fundamentals of Doctrine and Policy (Carolina Academic Press) — does a great job of using cases to illustrate key points, but often provides descriptive text and problems, and does so in a practical and concise way, and a way geared toward current learning trends. [read post]
25 Mar 2024, 5:01 am
But in the short term I am more interested in how this will play out in U.S. agency decisions and domestic court appeals. [read post]
25 Mar 2024, 5:01 am
Last month, I wrote about a Fourth Circuit decision in Doe v. [read post]
