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28 Mar 2024, 7:27 am by Dennis Crouch
In patent law doctrine, we mentally construct a fictional Person Having Ordinary Skill in the Art (PHOSITA) and ask the legal question of whether the claimed invention would have been obvious to the PHOSITA. [read post]
24 Mar 2024, 6:50 pm
The construction of a legal franework around a right to a healthy environment, and the role of the state as the responsible party, will continue to evolve.Most interesting, at least preliminarily, is the development of standards round the fundamental prevent-mitigate-remedy principle, and the development of standards for the calculation of damages. [read post]
22 Mar 2024, 4:00 am by Guest Blogger
It consists of 12 further members, including Jennifer Bezaire, Chatelle Cseh, Darcy Romaine, Jacob Demstra, Jeremy Opolsky, John Adair, Rebecca Jones, Sunil Mathal, Suzanne Chiodo, Tamara D. [read post]
12 Mar 2024, 2:40 pm
Maritime Insurance Contract Maritime Law Choice-of-Law Provisions in Maritime Contracts Federal Common Law Court Circuit Split   “Federalism in admiralty and the scope of application of state law in maritime cases is one of the most perplexing issues in the law”. [read post]
4 Mar 2024, 4:52 am by Ann Pearson
  For example, I did antitrust litigation and then I pivoted and learned all about construction litigation. [read post]
2 Mar 2024, 9:18 am by Cristina Mariottini
Una soluzione consensuale della crisi d’impresa (The negotiated settlement. [read post]
29 Feb 2024, 2:29 pm by Keith Szeliga and Emily Theriault
For example, a union agreement that provided for higher wage rates for construction work on hazardous sites would not be discriminatory against the Government if the Government paid higher rates for work performed on a hazardous Government site. [read post]
20 Feb 2024, 6:30 am by Guest Blogger
For the Balkinization symposium on Robert Post,  The Taft Court: Making Law for a Divided Nation, 1921–1930 (Cambridge University Press, 2024).William Forbath     Robert Post’s two-volume Holmes Devise History of the Taft Court is a tour de force. [read post]
20 Feb 2024, 4:31 am by Simon Lester
Froman: The only thing I'd say is that I think the issue of data has gone way beyond trade in goods for some time. [read post]
20 Feb 2024, 4:31 am by Simon Lester
Froman: The only thing I'd say is that I think the issue of data has gone way beyond trade in goods for some time. [read post]
16 Feb 2024, 5:44 pm
Everyone--individuals and social collectives--have been deploying all of the mechanisms and narratives constructed since 1945 in aid of sometimes ludicrous situations the benefit of which to the parties have long passed. [read post]
14 Feb 2024, 3:05 pm by Marty Lederman
  Mitchell’s construction of that term, in other words, is the furthest thing from the “original public meaning. [read post]
14 Feb 2024, 10:36 am by Yosi Yahoudai
The Central Library, Denver’s largest branch, is under construction and restricted to first-floor access. [read post]