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28 Nov 2016, 12:45 pm by Simon Lester
These are exports, even though the precise place of purchase or location of service may be ambiguous. [read post]
19 Nov 2016, 8:26 am by Sandy Levinson
 Were the matter one of purely abstract constitutional theory, I would be tempted to side with the secessionists. [read post]
14 Nov 2016, 2:12 am
    The 2016 WG Report is organized in four (4) sections.Section I (Introduction pp. 3-7) considers (a) the background, aims and outline of the report, (b) defines an SOE for its purposes, (c) considers the role of SOEs in the larger global economy, and (d) defines the scope and limits of the report.Section II (pp. 7-12) then focuses on the normative policy framework which the Working Group advances as underpinning its notion of state action in relation to SOEs, It considers (a)… [read post]
31 Oct 2016, 10:31 am by Sonja Carlson
Interestingly, the WaveDivision court did not cite to Hexion or any other case in the course of its purely factintensive analysis. [read post]
10 Oct 2016, 10:55 am by Elena Chachko, Ashley Deeks
As readers of Lawfare know, a growing number of States believe that use of force in self-defense against a non-state actor on the territory of a third State, without the consent of that third State, may be lawful under international law if the non-state actor has undertaken an armed attack against the State and the third State is itself unwilling or unable to address the threat posed by the non-state actor. [read post]
7 Oct 2016, 4:44 am by John DeLong, Susan Hennessey
Second, that incoming stream of metadata was put into a big pool, along with prior metadata, and all of it was retained for a limited period of time. [read post]
4 Oct 2016, 6:09 am by Jordan Furlong
This discrepancy is far likelier to be traced back to the licensing candidate’s performance in law school — and I strongly suspect that it’s precisely those students who performed below the average in law school who have greater trouble landing an articling job, and who are therefore likelier to enter the LPP. [read post]
4 Oct 2016, 4:00 am by Ken Chasse
See: Wikipedia: “Mobile phone tracking,” which says that tracking precision can be down to 50 meters in urban areas, by interpolating signals between adjacent towers. [read post]
2 Oct 2016, 12:11 pm by Dennis Crouch
Benson, 409 U.S. 63, 69 (1972) (“Benson”) (explaining that claims are patent eligible only if they contain limitations “sufficiently definite to confine the patent monopoly within rather definite bounds”). [read post]
23 Sep 2016, 4:08 pm by Nam Kim
  Examples of such concepts include: (1) converting binary-coded decimal numbers into pure binary numbers in Gottschalk v. [read post]
14 Sep 2016, 4:31 am by Graham Smith
In purely practical terms the Court in Svensson made a valiant attempt to balance the competing considerations of protecting rightsholders’ content without restricting reasonable user behaviour. [read post]
14 Sep 2016, 4:31 am by Graham Smith
In purely practical terms the Court in Svensson made a valiant attempt to balance the competing considerations of protecting rightsholders’ content without restricting reasonable user behaviour. [read post]
14 Sep 2016, 4:31 am by Graham Smith
In purely practical terms the Court in Svensson made a valiant attempt to balance the competing considerations of protecting rightsholders’ content without restricting reasonable user behaviour. [read post]
1 Sep 2016, 5:43 pm by Dan Kirkpatrick and Harry Cole
Waivers based on considerations other than failed/failing facilities will be considered on a “pure” case-by-case basis. [read post]
16 Aug 2016, 8:18 am
It could be said that any order made in those circumstances begins to take on the character of a regulatory solution to the problem, precisely because the order is no longer directed to an infringing party and also because the court is no long [read post]
11 Aug 2016, 3:41 pm by Rebecca Tushnet
  Precisely because we have all these mechanisms to share opinion, how much of that is the right amount is a contestable thing. [read post]
11 Aug 2016, 3:41 pm by Rebecca Tushnet
Why doesn’t this limit on functional claiming work? [read post]
15 Jul 2016, 12:50 pm by Suzanne Maloney
It’s a maneuver that conveniently highlights the limits on Washington’s capacity to protect its own nationals abroad. [read post]