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7 May 2024, 7:43 am by centerforartlaw
The amicus brief focuses on the importance of the case for artists and freedom of expression, framing the February ruling as a threat to the First Amendment.[38] Specifically, the coalition seeks the court’s clarification that an artist’s intent to sell or otherwise commercialize their art does not impact the balancing test between trademark owners’ rights and artists’ rights.[39] In an interesting comparison, the brief notes that Hermès itself took the name… [read post]
6 May 2024, 8:39 am by centerforartlaw
Until 2016, different jurisdictions in the United States had different rules regarding art confiscated due to Nazi persecution. [read post]
3 May 2024, 3:04 am by Robin E. Kobayashi
Code, § 4060 et seq. does not impede the ability of a party to obtain a medical-legal evaluation or consultation at their own expense or impact the admissibility of such evaluation in proceedings before the WCAB (Lab. [read post]
28 Apr 2024, 11:33 am by admin
A few months after the Oregon hearings, Judge Weinstein, in the fall of 1996, along with other federal and state judges, held a “Daubert” hearing on the admissibility of expert witness opinion testimony in breast implant cases, pending in New York state and federal courts. [read post]
27 Apr 2024, 2:02 pm by Dennis Crouch
Cir. 1973) (holding that Section 6(g) “empowered [the FTC] to promulgate substantive rules of business conduct”); United States v. [read post]
25 Apr 2024, 3:59 pm by Michael C. Dorf
United States, I find myself somewhat at a loss as to what points to focus on here. [read post]
23 Apr 2024, 9:05 pm by renholding
However, conflicts of interest, a lack of transparency, and various forms of opportunistic behavior in some pre-packs have raised concerns about their desirability. [read post]
22 Apr 2024, 3:14 pm by Whitney Hodges
Code §§ 66000 et seq.), and only DIFs that were “imposed neither generally nor ministerially, but on an individual and discretionary basis” could invoke the Takings Clause embedded in the Fifth Amendment of the United States Constitution.[2] This limitation on developers’ ability to utilize the Takings Clause meant that courts would not apply the “Nollan/Dolan test” to DIFs generally applicable to a broad class of property owners pursuant to… [read post]
22 Apr 2024, 5:00 am by Bernard Bell
Justice Barrett, writing for the Court, noted that the Court’s state action jurisprudence has largely focused upon “whether a nominally private person has engaged in state action,” not whether a state official had acted as a private citizen rather than a state actor. [read post]
18 Apr 2024, 10:20 am by David Aaron
It has something to interest everyone, from addressing the use of U.S. person query terms to formalizing oversight measures to a technical expansion of the type of service provider that can be compelled to help the U.S. government acquire communications. [read post]
18 Apr 2024, 4:30 am by Eric B. Meyer
On Friday, April 19, at Noon ET, The Employer Handbook Zoom Office Happy Hour will return on April 19, 2024. [read post]
16 Apr 2024, 9:05 pm by renholding
Other scholars have argued that the parties advising institutional investors have a vested interest in maintaining inefficient practices. [read post]