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31 May 2011, 6:53 am
One does have to look “further” than Marbury v. [read post]
3 Nov 2014, 3:55 am
Coffee Jr. and entitled “Fee-Shifting and the SEC: Does it Still Believe in Private Enforcement? [read post]
29 Jul 2011, 9:13 am
The court concludes that it does; I conclude that it does not.Of Linus Pauling: A chemical bond is merely a force between two atoms or groups of atoms strong enough “to make it convenient for the chemist to consider [the aggregate] as an independent molecular species. [read post]
29 Jul 2011, 12:25 pm
” The report does not indicate what that “modified” de novo process would look like, apart from expediting development of special controls, developing guidances, and adopting standards for devices. [read post]
21 Oct 2010, 3:11 pm
Does the concept of “fair compensation” in Article 5(2)(b) ... entail harmonisation, irrespective of the Member States’ right to choose the system of collection which they deem appropriate for the purposes of giving effect to the right to fair compensation of intellectual property rightholders affected by the adoption of the private copying exception or limitation? [read post]
12 Nov 2009, 7:20 am
Additionally, three SEC commissioners have made clear that they are not prepared to adopt an amendment permitting shareholder proposals for proxy access as an interim or final outcome, and that they remain focused on adopting a prescriptive federal rule that mandates proxy access for public companies. [read post]
17 Mar 2010, 12:09 am
The common understanding was that all new decisions applied on direct appeal as a matter of retroactivity law. [read post]
16 Sep 2012, 5:14 pm
Trinko, LLP, 540 U.S. 398, 407 (2004) (“[A]s a general matter, the Sherman Act ‘does not restrict the long recognized right of [a] trader or manufacturer engaged in an entirely private business, freely to exercise his own independent discretion as to parties with whom he will deal. [read post]
7 Nov 2024, 5:44 am
” Notably, the Guidance recommended, but does not require, Covered Entities to employ “zero trust” principles and, where possible, require authentication to verify identities of authorized users for all access requests. [read post]
20 Jun 2017, 9:43 am
Limited public forum Why does it matter whether the discrimination is based on viewpoint or subject matter? [read post]
14 Apr 2010, 10:02 am
I adopt this stance for two reasons. [read post]
13 Dec 2023, 7:47 am
CPLR § 2106 was adopted to provide alternatives to affidavits requiring notarization for those persons who are physically located outside the United States of America In S.B., v. [read post]
8 Jan 2016, 7:00 am
It adopted the Pasteurized Milk Ordinance (”PMO”). [read post]
21 Oct 2010, 10:12 am
It is common ground that the State Legislature does not have power to legislate upon any of the matters enumerated in the Union List. [read post]
2 Nov 2021, 6:59 pm
I am delighted to share links to the Video Recordings Now Available for the Seminar Series: "A framework treaty on business and human rights: Interdisciplinary insights" sponsored through the University of Dundee Institute for Social Sciences Research (ISSR) and organized by the extraordinary Claire Methven O'Brien (Lecturer in LAw, University of Dundee and Danish Institute for Human Rights). [read post]
11 Oct 2017, 1:38 am
Strong encryption does prevent crime, such as identity theft. [read post]
24 Nov 2021, 7:26 am
By contrast, the VAT's taxing the full value of imports and exempting exports does not violate free trade principles and should not be struck down. [read post]
29 Jun 2015, 9:28 am
What does this mean? [read post]
6 Aug 2013, 4:45 am
” By adopting the transformative use test to balance the First Amendment considerations because that’s what Comedy III did, Prof. [read post]
29 Jan 2011, 12:42 pm
Testimony about an out of court statement by someone else to prove the truth of the matter asserted by that other person is hearsay. [read post]
