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31 Dec 2019, 4:40 am
In Rimini Street, Inc. v. [read post]
14 Dec 2019, 1:55 am
BCE Inc. v. 1976 Debentureholders, 2008 SCC 69. 4. [read post]
6 Sep 2019, 11:43 am
I have written about the upcoming conference: Super-Scoring? [read post]
2 Apr 2019, 2:38 am
Section 11 claims, will cost more to defend and settle: In 2018, the United States decided Cyan, Inc. v. [read post]
7 Mar 2019, 8:12 pm
For example, in the global trade context, the national security exception of ‘Article XXI may also shelter some measures that, although ostensibly imposed for security reasons, may actually be protectionist-oriented’.17 Indeed, China perceives the imposition of restrictive measures as a violation of contractual commitments and as cover for protectionism and discriminatory conduct.18Last year, when the EU first floated an investment-screening mechanism, China called on the… [read post]
27 Feb 2019, 10:25 am
Ohio National Fund, Inc. said the “escalating fraud investigation seems to us a thesis changer. [read post]
20 Feb 2019, 2:44 pm
INTRODUCTION On September 28, 2004, the United States Supreme Court granted a property owner’s application for leave from a Connecticut Supreme Court decision upholding the constitutionality of the community’s taking of property with the specified purpose of creating jobs by selling the property to a private industrial user.1 As the petitioner land owners in Kelo express in their brief requesting leave, the critical question for the Court to determine is whether a taking for purely… [read post]
7 Feb 2019, 3:03 pm
Additional potential violations included failure to implement policies and procedures and failure to implement a mechanism to encrypt and decrypt ePHI, when it was reasonable and appropriate to do so under the circumstances. [read post]
17 Nov 2018, 12:10 pm
”9 Rothman compares statistical significance testing with “scientific inference,” which is not a mechanical, mathematical procedure, but rather a “thoughtful evaluation[] of possible explanations for what is being observed. [read post]
3 Jul 2018, 7:12 am
Allergan, Inc. [read post]
9 Jun 2018, 12:19 pm
The governmentalization of the private sector and the privatization of the state have created an environment in which the classical distinctions between war and competition, and between state (public) and enterprise (commercial or private) interests becomes effectively meaningless. [read post]
6 May 2018, 8:35 pm
Cathedral Buffet, Inc., April 16, 2018, Siler, E. [read post]
7 Mar 2018, 12:19 pm
De Santis and Iacobucci v Doublesee Enterprises Inc. [read post]
15 Sep 2017, 5:57 pm
Ohio National Fund, Inc. said the "escalating fraud investigation seems to us a thesis changer. [read post]
15 Sep 2017, 4:00 am
Lovelace Motor Freight, Inc., 940 F.2d 564, 574 (10th Cir. 1991)). [read post]
5 Sep 2017, 2:45 pm
There is a willingness to conceded the primacy of international space as the space for law making, but there is also an economy of implementation through the resort to states (now effectively superseded as autonomous centers of democratic legislation-legalization) as the mechanisms for implementation of international law. [read post]
12 May 2017, 1:11 pm
Though articulation is impossible with any sort of certainty or rigor, the act of articulation is itself an indispensable component—an instrument—that can be used to legitimate strategies that create or advance “realities on the ground. [read post]
11 Apr 2017, 3:01 pm
It then considers the rise of CSR regulatory regimes as privatized law making that uses the mechanisms of contract to regulate conduct throughout a production chain. [read post]
30 Mar 2017, 9:44 am
• Have been used increasingly in two contexts • NGOs to advance international normative agenda • Labor unions to leverage national litigation 10. [read post]
13 Mar 2017, 1:20 pm
(ACA International’s brief includes the argument that, in addition to being insulated from accountability, the CFPB’s funding mechanism also raises a conflict of interest. [read post]