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13 Nov 2009, 3:00 am
 The academic literature that looks at the periods of broad-based economic growth seems to suggest that broad-based growth is ultimately better, and that broad-based growth depends on not disadvantaging labor vis a vis capital. [read post]
9 Nov 2009, 6:18 am by Second Circuit Civil Rights Blog
The Second Circuit decision does not tell us what happened to the student, but the district court ruling does. [read post]
8 Nov 2009, 9:36 am
"The IPKat does not propose to answer these questions or even second-guess them. [read post]
5 Nov 2009, 6:20 am
Worksharing does not take examination responsibility or decision-making away from US examiners; it provides US examiners with another tool, like all the other tools we use, to enable our examiners to do the best possible job in examining applications having foreign counterparts. [read post]
3 Nov 2009, 9:49 am
Analysis of these corporate charters suggests that the Necessary and Proper Clause does not create independent lawmaking competence; does not confer general legislative power; does not grant Congress unilateral discretion to determine the scope of its authority; requires that there be a reasonably close connection between constitutionally recognized ends and the legislative means chosen to accomplish those ends; and requires that federal law may not, without adequate… [read post]
3 Nov 2009, 2:00 am
  The question is, how much does that claim signify to consumers? [read post]
2 Nov 2009, 8:03 am
Nearly 75% of US largest companies use derivatives and nearly 94% of Fortune 500 CEOs are satisfied with their firm’s use of these instruments[vi]. [read post]
1 Nov 2009, 7:00 pm
A sports spectator assumes similar risks as does a sports participant. [35] Courts usually conclude that a “spectator has a duty to protect himself or herself not only against the dangers of which he or she has actual knowledge but also against such dangers incident to the game as would be apparent to a reasonable person in the exercise of due care. [read post]
1 Nov 2009, 4:43 pm
It thus inevitably removes more than is necessary to restore novelty vis-à-vis D1 and hence, does not amount to an allowable disclaimer. [2.4] The Board cannot accept the argument of the Respondent that the disclaimer should be allowed in view of the fact that according to the disclosure of D1 the copolymers of tetrafluoroethylene and ethylene are only preferred fluoropolymers because this issue has no bearing on the relevance of the respective… [read post]
1 Nov 2009, 11:06 am
However, the Spanish Law on Arbitration does not allow the arbitrators to examine of their own motion whether unfair arbitration clauses are void and secondly, the Spanish Code of Civil Procedure (Ley 1/2000 de Enjuiciamiento Civil) does not contain any provision dealing with the assessment to be carried by the court or tribunal having jurisdiction as to whether arbitration clauses are unfair when adjudicating on an action for enforcement of an arbitration award that has… [read post]
31 Oct 2009, 12:32 pm
  See earlier ataxingmatter series on the AMT in which this is explained in detail:  The Senate and the House on the AMT (July 12, 2005); What Should Congress Do About the AMT (Part I, Part II, Part III, Part IV, Part V, Part VI). [read post]
29 Oct 2009, 1:22 am
Farmer's reasoning, however, does not withstand scrutiny. [read post]
28 Oct 2009, 5:20 am
To my surprise two posts refer to CEO's and outside counsel selection (See my post of Oct. 23, 2005: CEO's involved in selection of law firms; Nov. 11, 2005: involvement in choice of outside counsel; As with all metaposts, the leftovers fall into every which topic (See my post of July 31, 2005: proximity of GC's office to CEO's; Jan. 4, 2006: to shake up department, Feb. 10, 2007: CEO is a notable constraint GCs operate under; May 28, 2007: how often does CEO talk to… [read post]
27 Oct 2009, 11:57 pm
The change in the share-holders of the company does not change the legal identity of the company. [read post]