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12 Jul 2018, 9:01 pm
The control of the rules of civility--especially at its outer edges--and the rules for tolerating deviations does much to help frame and control the content and direction of that discourse. [read post]
11 Jul 2014, 9:53 am
The United States provides a nice distillation of its own self conception as the guiding premise for the international organization of secular-religion legal polycentricity, but one that draws lines differently from those of the states quoted above.As Americans, religious freedom reflects who and what we aspire to be as a nation and people. [read post]
14 Jul 2015, 9:28 am
(2) Does the ICCTA preempt a state agency’s voluntary commitments to comply with CEQA as a condition of receiving state funds for a state owned rail line and/or leasing state-owned property? [read post]
5 Jan 2015, 1:26 pm
Cue Gomer again.Buckman preemption, insofar as based on exclusive enforcement, as opposed to direct conflict (that an in-force FDA approval could be ignored as fraudulent), is based on the federal enactment being a “critical element. [read post]
18 May 2016, 12:35 pm
All of this means that the continuation of the Syrian civil war has direct and dire consequences today, not just for regional order, but for international security. [read post]
1 Apr 2015, 4:30 am
(We cannot be sure, but it looks as if the plaintiff in Guvenoz amended the complaint in the wake of Mensing, only to couch the claims along the identical lines preempted in the Bartlett case.) [read post]
11 Dec 2020, 10:41 am
Wilson’s GRISHKO letterhead containing unfortunate and misleading claims. [read post]
19 Jun 2023, 6:30 am
Although Professor Fritz’s argument will likely be well-received by Madison scholars, most of whom are Madison admirers and some of whom are Madison apologists, I’m unpersuaded for reasons I will explain.The other claim functions somewhat as a large container, with the more compact Madison defense rattling around inside. [read post]
17 Feb 2014, 6:38 am
This Appeal to Federal Circuit: CBT appealed to the Federal Circuit on the issue of taxation of costs.Contributor Note: For brevity and clarity, the procedural history and relevant decisions are presented in time line format without using direct quotes from the decision. [read post]
2 Jul 2021, 8:06 am
Based on the information available, the Council therefore considers that HDEC does not at present have a compliance system that is in line with international guidelines. [read post]
2 Feb 2018, 7:44 am
Subsequently the workshop will focus on sharing experiences on planning and monitoring tools, such as national human rights action plans, data collection and human rights indicators, in line with the Sustain [read post]
27 Sep 2011, 5:07 am
Defendant argues that because it has not been determined whether the damages in dispute -- in other words, the loss corresponding to the disputed portion of the parties' estimates -- even constitute accidental direct physical loss, appraisal is premature at this juncture. [read post]
11 Feb 2011, 4:41 pm
” As to infringement, ALJ Charneski determined that Pioneer had not satisfied this first claim element, because it had not shown that the GPS receivers in Garmin’s accused devices contain a “direction sensor” and “distance sensor” as required by the above construction. [read post]
8 Oct 2017, 2:01 pm
But it is also based around an operational core ideal: that non-state non-judicial mechanisms will constitute the front line of effective operation of a system the core objective of which is effective and direct remediation (UNGP ¶ 29). [read post]
17 Mar 2015, 7:00 pm
An antilapse statute is remedial in nature, tending to preserve equality of treatment among different lines of succession. [read post]
1 Sep 2019, 7:31 pm
This 1958 statement appeared necessary because the 1940 Statement appeared to contain some ambiguities. [read post]
28 Jan 2022, 8:10 am
While the three state laws share common principles, including consumer rights of deletion, access, correction and data portability for personal data, they also contain key nuances, which pose challenges for broad compliance. [read post]
25 Jan 2019, 9:05 am
That is, by the way, also an issue with how Qualcomm presented its 2018 amendment to an old agreement with Samsung: as the FTC's Dan Matheson (who also did very good cross-examinations during this trial) pointed out, the royalty rate under that contract gets adjusted downwards in various ways, through direct payments to Samsung, and was just part of a package deal that also involved Qualcomm receiving manufacturing services ("foundry") from Samsung. [read post]
25 Jun 2017, 10:51 am
., code embedded in websites, that the content therein contained “indecent” material.[12] In other words, it was a tool, rather than a configuration of physical space. [read post]
15 Mar 2018, 5:30 am
The bans are limited in direct scope to federal agencies, but the risks of using Kaspersky are clearly much broader than that. [read post]
