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29 Oct 2009, 6:50 am
  As a preliminary matter, the multifactor approach has been in use for nearly five decades by every circuit but the Seventh, and has generally produced consistent results. [read post]
28 Oct 2009, 5:44 pm
The holding here seems to me to be wrong if only as a matter of policy (and since this is mostly common law stuff, that's saying a lot). [read post]
28 Oct 2009, 6:27 am
  If the bright minds of Gottlieb and Toell think there may be an issue here, then there may be an issue here. [read post]
26 Oct 2009, 4:54 pm by Ed Felten
In the FCC's defense, it does seek comments and suggestions on what the definition should be, and it does say that it intends to make case-by-case determinations in practice, as it did in the Comcast matter. [read post]
26 Oct 2009, 12:19 pm
  Perhaps economic theory and empirical evidence provide the basis of alternative bright line standards which can appropriately be made the basis of a presumption that a particular merger will substantially lessen competition and harm consumers. [read post]
26 Oct 2009, 8:29 am
Those cases arise when they can actually find a lawyer to take the matter. [read post]
25 Oct 2009, 9:15 am
 What a beautiful bright fall day here, after a day of rain!) [read post]
22 Oct 2009, 10:14 pm
  One may ask why “new hires” only receive a few days to resolve the matter while it was proposed that “existing employees” receive up to 90 days. [read post]
22 Oct 2009, 2:01 pm
"There's no mechanism on the back end to require a judge to issue a decision in an expeditious matter," notes Russ Willard, spokesman for Georgia Attorney General Thurbert Baker. [read post]
22 Oct 2009, 8:06 am
Should rules that are adopted be "bright line" rules, that limit entities to specific numbers of stations, or should the Commission make a case by case determination of whether a combination is in the public interest, subject to some general principles? [read post]
20 Oct 2009, 6:57 pm
Many of the practice areas listed on its Web site seem to overlap with those of Folger Levin, including complex litigation, antitrust, corporate matters and IP. [read post]
19 Oct 2009, 11:03 pm
What matters is "to punish the violation of a pre-existing contractual obligation. [read post]
16 Oct 2009, 8:41 am
  Court Rejects Ad Hominem Attack In footnote 27, the Court addresses a matter of interest far beyond this case. [read post]
14 Oct 2009, 2:27 pm
Perhaps it is because we are intransigent overachievers, and take homework assignments seriously (no matter who doles them out). [read post]
12 Oct 2009, 1:42 pm
Specter’s bill is passed, the “substantial participation approach” would essentially replace the “bright line approach” used by the Supreme Court in Central and Stoneridge. [read post]
8 Oct 2009, 10:02 pm
Meals Matter: Check out this site for a little help planning and preparing healthy, hearty meals. [read post]
8 Oct 2009, 4:32 am
It does not matter when the parties began acting in concert, but their shareholding acquired prior to that will be taken into account for purposes of determining price under Regulation 20. [read post]
7 Oct 2009, 4:23 pm
Shatzer's counsel, Baltimore Assistant Public Defender Celia Davis, argued that the Court should maintain Edwards as a bright-line rule that prohibits re-interrogation indefinitely. [read post]
7 Oct 2009, 6:59 am
Shatzer (08-680), arguing that it will require the Court to create a bright-line rule clarifying its decision in Edwards v. [read post]