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7 Aug 2012, 11:42 am by S2KM Limited
There are three sources that establish and/or address this secondary market standard: 1) IRC section 5891; 2) the state structured settlement protection statutes; and 3) judicial interpretations of the "best interest" standard. [read post]
26 Aug 2022, 2:25 am
Sections 1, 2, 3, and 45 of the Trademark Act provide the statutory basis for a refusal to register subject matter that fails to function as a service mark. [read post]
4 Mar 2010, 5:28 am
Johns-Putra does a great job explaining this one, which really does require a full explanation: I confess I used to find this one amusing. [read post]
17 Oct 2014, 7:47 am by Rory Little
Rule 3(c)(1)(B) – the intricacy of subsections perhaps suggests that potential complexities exist – requires the appealing party only to “designate the judgment … or part thereof being appealed,” not to list the arguments it will advance. [read post]
16 Nov 2007, 2:06 am
First, John Doe No. 1 shall not participate in any manner, at any level, in the State of Missouri's lethal injection process. 2. [read post]
20 Sep 2010, 7:57 am by Adam Wagner
In the 2005 decision of Hirst No 2, the European Court held that Section 3 of the Representation of the People Act 1983, which prevents prisoners from voting, is in breach of the electoral right under Article 1 of Protocol 3 of the European Convention on Human Rights. [read post]
30 Mar 2007, 7:46 am
This argument reasons that (1) the free speech principle protects the communication of ideas (the major premise); (2) pornography communicates no ideas (the minor premise); (3) therefore pornography is not protected by the free speech principle. [read post]
14 Jan 2023, 6:30 am by Guest Blogger
For the Balkinization 20th Anniversary SymposiumMark Tushnet  For quite a while I’ve been irritated by the aphorism that “it takes a Theory to beat a Theory” in constitutional law and interpretation.[1]It strikes me as the sort of false profundity that gets thrown around in first-year college dormitories. [read post]
6 Feb 2008, 9:19 am
I love the version of "Every Little Thing She Does Is Magic" that plays at the end of the video.3. [read post]
27 Jul 2022, 10:35 am by Guest Author
The godword “democratic” is prominently featured in Novak’s title—and his project, as he informs us on his opening page, is a critical chapter in the “legal-political history of American democracy” (1). [read post]
28 Aug 2023, 4:00 am by Michael C. Dorf
However--and this is an obvious but crucial point--that does not mean that it is literally self-executing. [read post]
15 Sep 2008, 12:31 pm
"That's the voiceover on this new Obama ad:A list of thoughts:1. [read post]