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28 Nov 2012, 6:20 am
According to the law, a city cannot be held liable if 1) "it has not been negligent in constructing or maintaining" a roadway, or 2) "it has no actual notice" of a problem with the roadway. [read post]
27 Nov 2012, 7:28 pm by Michael Risch
Theme 2: Software patents harm innovation. [read post]
27 Nov 2012, 2:15 pm by Jonathan Bailey
The companies have all been involved in mass Bittorrent litigation lawsuits, in which they sue hundreds or thousands of “John Doe” defendants only identified by IP address and then seek a subpoena from a court, where they hope to compel their ISPs to learn their identity. [read post]
27 Nov 2012, 10:45 am by Jeffrey P. Hermes
In other words, the issue in a defamation case is rarely a simple matter of whether the publisher of a statement got it "right" or "wrong," but whether the statements were (1) correct enough that it is improper to impose liability, (2) subjective enough that the question of truth has no practical meaning, (3) innocuous enough that we will not consider the plaintiff to be harmed, or (4) innocent enough that we will not punish the speaker. [read post]
25 Nov 2012, 5:28 pm by Lawrence Solum
  But the argument does not end with the introduction of a hypothetical state of nature. [read post]
24 Nov 2012, 12:38 pm by Schachtman
  So a requirement of RR > 2, for the showing of general causation, does not make sense as a criterion for general causation; and at best, RR > 2 is a much weaker consideration for general causation than it is for specific causation. [read post]
23 Nov 2012, 6:01 am by Adam Greaves
Decision: DOJ explained that it did not intend to take enforcement action based on the disclosed facts and circumstances, including that: (1) the firm had no business before the entities that might send officials; (2) the firm obtained written assurance the visit would not violate any PRC laws; (3) the foreign Ministry would select the officials participating; (4) the firm would pay all costs directly to providers; and (5) the firm would not pay expenses for spouses,… [read post]
23 Nov 2012, 3:13 am by Mandelman
John Griffith’s article, however, is warning us not to get caught up in FHA bailout hysteria. [read post]
18 Nov 2012, 10:09 am by Lisa Larrimore Ouellette
She argued that we should reduce the costs of accidental infringement by (1) having an independent invention defense; (2) making it more difficult for NPEs to recover; and (3) having lower reasonable royalties.Keynote #2: Views from the TrenchesCaroline Dennison (USPTO) announced that Michelle Lee, formerly of Google, will be the director of the new PTO Silicon Valley office. [read post]
15 Nov 2012, 9:01 pm by John Dean
  The same is true as to spending massive amount of money, with a twofold purpose: (1) to support sympathetic Republican candidates but should that fail (as it often did in this election), then (2) to leave the country more divided, making it difficult for Democrats to govern (it is not yet clear if the Republicans have accomplished this goal). [read post]
14 Nov 2012, 9:01 am
The judge will consider: 1) if the marriage lasted 10 or more years, up to 50% of any retirement benefits 2) the value of each spouse's estate 3) the value of their family's estates The spouse's misconduct may be considered in determining the amount of child support. [read post]
13 Nov 2012, 11:54 am
andnbsp;SECURITIES ARBITRATION OUTLINE andamp; READING MATERIALS 1.andnbsp;andnbsp;andnbsp;andnbsp;andnbsp;andnbsp;andnbsp;andnbsp; Arbitration andndash; Overview andldquo;Equity is justice in that it goes beyond the written law. [read post]
8 Nov 2012, 9:14 pm by Tung Yin
UCLA is 7-2 (4-2) and does control its own destiny. [read post]
8 Nov 2012, 7:35 am by Terry Hart
(I briefly discussed this idea in More on Kirtsaeng v John Wiley & Sons.) [read post]
6 Nov 2012, 6:14 am
Ray, 3 Yeates 65 (Pa. 1800), available at 1800 WL 2544, at *2. [read post]
2 Nov 2012, 7:12 am by Charles Johnson
The Texas Health and Safety Code creates five penalty groups that controlled substances are classified under: Penalty Group Examples of Drug/Controlled Substance 1 Cocaine, Heroin, Methamphetamine, Codeine, Oxycodone, Hydrocodone, Rohypnol and GHB 1A LSD 2 Ecstasy, Amphetamines, Mushrooms, PCP and Mescaline 3 Valium, Xanax and Ritalin 4 Compounds containing Dionine, Motofen, Buprenorphone or Pryovalerone Penalty Group 1 Weight Charge Range… [read post]