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22 Apr 2019, 9:48 am
When moving to dismiss under Rule 12(b)(1) for lack of subject matter jurisdiction, a defendant can make a facial or factual challenge. [read post]
22 Apr 2019, 3:42 am
McKnightGeoffrey McNuttMary B. [read post]
21 Apr 2019, 11:23 am
It need only prove that the victim did not consent as an objective matter. [read post]
20 Apr 2019, 3:53 pm
(It's possible that Nassersharifi could be disciplined by the school, or even expelled, for his speech; that's a separate and complicated matter that I'll leave aside for this post.) [read post]
19 Apr 2019, 2:20 pm
T hope you can let this go. [read post]
19 Apr 2019, 5:59 am
Holyfield, 490 U.S. at 36, 109 S.Ct. 1597; see 25 USC ' 1911[b]). [read post]
18 Apr 2019, 7:13 pm
I have been writing about the new set of sanctions directed against Cuba, but as part of a wider pivot toward the Caribbean region and Latin America generally (see here, here, and here).It was only a matter of time before the Cuban State responded. [read post]
17 Apr 2019, 7:50 am
B. [read post]
17 Apr 2019, 7:30 am
Employer B also refuses to hire gays and lesbians. [read post]
17 Apr 2019, 7:28 am
It also raised objections under Article 123(2) EPC and for lack of novelty against the auxiliary request.It attached to its letter the following new item of evidence:D35: Copy of the Mr T B van Aken's publicly available entry in the "Linkedin" database.XI. [read post]
17 Apr 2019, 6:11 am
He isn’t wrong. [read post]
17 Apr 2019, 3:46 am
Does it matter that the drafters of the EPC have refrained from using such broader terminology? [read post]
16 Apr 2019, 6:54 pm
While these decisions will halt panel dependency on the issue, I don’t see how the Board can decide that statutory requirements can somehow be excused as a matter of discretion. [read post]
16 Apr 2019, 6:50 pm
These decision-making factors do not have a strong effect on what really matters, parenting time. [read post]
16 Apr 2019, 6:20 pm
“[T]he Amended Complaint is replete with assertions that Goodman made the multitude of statements with actual knowledge of their falsity,” the court wrote. [read post]
16 Apr 2019, 5:52 pm
This cannot be justified as a matter of generating the maximum bang for the buck from the allocation of IRS audit resources. [read post]
16 Apr 2019, 12:10 pm
I think that there is a belief, or maybe a hope, that President Trump is bluffing and we don’t have a strategy. [read post]
16 Apr 2019, 10:00 am
Guide: Civil Procedure Before Trial (TRG 2018) ¶9:324.1 citing R&B Auto Center, Inc. v. [read post]
15 Apr 2019, 6:22 am
As he points out, we don’t generally even ask if protecting ideas would get us more ideas b/c ideas aren’t w/in scope of copyright. [read post]
15 Apr 2019, 5:08 am
(“[B]y asking for a preliminary injunction, the plaintiffs seek to enjoin Gill from making statements that have not yet been found to be unprotected. [read post]
