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13 Jan 2016, 5:05 pm
As a result, these expert recommendations are unfortunately missing their mark. [read post]
13 Jan 2016, 12:59 pm
Such more exacting scrutiny can be conducted within the Central Hudson framework, but the third prong of a “heightened scutiny” analysis now requires the government to establish that its restriction will alleviate “real” harms “to a material degree. [read post]
13 Jan 2016, 5:10 am
” Breyer noted that a more limited statute could have adopted these requirements by (1) requiring a showing that the false statements caused a specific harm, (2) requiring that the lies be made in a context “where such lies are most likely to cause harm,” or (3) focusing on the more important military awards that Congress most values. [read post]
12 Jan 2016, 3:18 pm
State Department officials at the hearing openly admitted that the first version of the U.S. proposal “missed the mark” and that they were “surprised” by the tech industry’s negative reaction. [read post]
11 Jan 2016, 10:35 am
Allowing users to export and share block lists, for instance, marked an important step in that direction. [read post]
11 Jan 2016, 6:25 am
Under both laws, analysis “‘must ultimately focus on whether an association, arising from the similarity between the subject marks, impairs the distinctiveness of the famous mark’— that is, the ability of the famous mark to serve as a unique identifier. [read post]
8 Jan 2016, 10:03 am
More recently, the Supreme Court considered the general rules governing the implication of terms into contracts, in the case of Marks and Spencer plc v BNP Paribas Securities Services Trust Company (Jersey) Limited & Anor [2015] UKSC 72 (Case Comment here). [read post]
7 Jan 2016, 9:24 pm
Physical abuse can range from active harm by the caregiver to physical neglect. [read post]
5 Jan 2016, 10:03 pm
District Court Judge Mark Bennett to sentence them to three months in prison. [read post]
4 Jan 2016, 11:31 pm
While it isn’t the first example of this nontraditional form of giving, it may mark the moment where the definition of “philanthropy” started to expand to include giving through nonexempt vehicles not subject to the laws of 501(c)(3). [read post]
4 Jan 2016, 3:38 pm
[Footnote: We note that in the context of criminal proceedings charging a father with assault and battery for spanking his minor child, we recently held that “a parent or guardian may not be subjected to criminal liability for the use of force against a minor child under the care and supervision of the parent or guardian, provided that (1) the force used against the minor child is reasonable; (2) the force is reasonably related to the purpose of safeguarding or promoting the welfare of the… [read post]
3 Jan 2016, 7:03 pm
It is not always easy to tolerate or defend groups that criticize the state or those in power, but allowing them to function normally is an important test of democracy, and, ultimately, the mark of an open and free society. [read post]
2 Jan 2016, 3:31 am
Foremost is Mark Bennett, who has persuaded Texas courts to hold five laws unconstitutional over the last three years. [read post]
31 Dec 2015, 1:47 pm
Mark Leno (D-San Francisco) alongside Republican Sen. [read post]
30 Dec 2015, 1:18 pm
An injunction against speech harms not just the speakers but also the listeners (in this case the viewers and readers). [read post]
30 Dec 2015, 12:41 pm
The Hill reports that amid pressure from lawmakers, Twitter announced today that it will cancel accounts that engage in “hateful conduct” or whose “primary purpose is inciting harm towards others. [read post]
30 Dec 2015, 11:35 am
That left only alleged word mark infringement in ArcSoft’s motion for preliminary injunction, which the court denied for failure to show irreparable harm. [read post]
29 Dec 2015, 1:11 pm
While nominally a member of the Saudi-led coalition against the Houthis, the decision, if confirmed, would mark the first time that Kuwait has deployed ground forces in the conflict. [read post]
29 Dec 2015, 12:35 pm
Mark Oyama was a student at the University of Hawaii’s secondary school teacher certification program. [read post]
28 Dec 2015, 12:46 pm
Many of the marks rejected as disparaging convey hurtful speech that harms members of stigmatized communities. [read post]
