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30 Jul 2007, 10:47 am
In an effort to avoid a new bottleneck, the patent office has proposed a new set of rules designed to help the Board “continue to resolve ex parte appeals in a timely manner. [read post]
24 Jul 2007, 1:02 am
The 9th Circuit, the largest federal appellate court in the nation with 27 active judges, initiated the experiment in part after Sen. [read post]
10 Jul 2007, 2:49 am
“In most cases there is a simple explanation, but if a fella has opened up a couple of hundred road crashes for no clear reason, that is a different matter and would be hard to explain away. [read post]
9 Jul 2007, 7:11 am
Its main elements are that (1) the existence and duration of an emergency are questions of fact; (2) during emergencies courts should not practice judicial minimalism or the passive virtues; (3) during emergencies there are no non-derogable rights - government can do anything if circumstances warrant; (4) the main checks on governmental action during emergencies are that (a) legislative limitation of executive powers trumps, where the political branches disagree; and (b) judges engage in ex… [read post]
5 Jul 2007, 6:17 pm
Some days one's fellow lawyers make one just so proud to be part of this noble profession. [read post]
1 Jul 2007, 1:21 pm
The support can come in different forms, including: Medical support, where the child(ren) are provided with health coverage, through private insurance from the non-custodial parent (NCP) or public assistance that is reimbursed whole or in part by the NCP, or a combination thereof. [read post]
1 Jul 2007, 8:19 am
Interest and penalties charged on past-due amounts become part of the arrearage. [read post]
20 Jun 2007, 5:39 pm
These scandals are in part replications of inmate abuse inside of America's domestic prison gulag. [read post]
18 Jun 2007, 8:24 am
I was also interested to read a decision of the English courts in a controversial case, R v Health Secretary ex parte US Tobacco [1992] 1 QB 353 where a factory was set up to manufacture ‘oral snuff’ based on some assurances from the Department of Health, who subsequently banned its sale! [read post]
16 Jun 2007, 7:16 pm
These scandals are in part replications of inmate abuse inside of America's domestic prison gulag. [read post]
15 Jun 2007, 8:11 am
  “Our case law consistently provides that a court is never bound by an examiner's finding in an ex parte patent application proceeding. [read post]
6 Jun 2007, 2:20 pm
In the Siebert case, the Court held that counsel may conduct an ex parte interview of an adversary's former employees (even a high-ranking officer who had been privy to privileged information concerning the litigation) without being disqualified from the case, "so long as measures are taken to steer clear of privileged or confidential information. [read post]
2 Jun 2007, 2:25 pm
For example, in a civil case the burden of proof rests with the plaintiff, who must establish his/her case by such standards of proof as a preponderance of evidence or clear and convincing evidence. [read post]