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27 Nov 2023, 9:00 am by Sasha Volokh
  This can raise Article I Nondelegation Doctrine issues if the incorporation is dynamic, i.e., if the rules are binding no matter how they might change in the future. [read post]
27 Nov 2023, 7:32 am
Sections 1, 2, 3, and 45 of the Lanham Act provide the statutory basis for a refusal to register subject matter that does not function as a trademark or service mark. [read post]
27 Nov 2023, 5:51 am by Elizabeth Goitein
Far from ruling backdoor searches constitutional, the Hasbajrami court rejected the government’s argument in support of the constitutionality of backdoor searches and remanded the matter to the district court for further proceedings. [read post]
27 Nov 2023, 5:15 am by Christopher McKinney
This landmark legislation marks a decisive turn in the ongoing debate over workplace health policies and individual rights in the context of the COVID-19 pandemic.What does SB 7 Do? [read post]
27 Nov 2023, 4:25 am by Stephen Pitel
The majority of the Supreme Court of Canada observed [para 7] that “the character of the proceedings and the conclusions sought before the FMAT could suggest, at first blush, a regulatory matter that does not concern the C.C.Q. [read post]
27 Nov 2023, 4:05 am by Howard Friedman
The law provides in part:It is unlawful for a person, by a public act, to incite hatred towards, serious contempt for or severe ridicule of—(a) a person on the ground the person— (i) has, or does not have, a religious belief or affiliation, or (ii) engages, or does not engage, in religious activity, or(b) a group of persons on the ground the members of the group— (i) have, or do not have, a religious belief or affiliation, or (ii) engage, or do not engage, in… [read post]
27 Nov 2023, 4:00 am by Derrick George
What Role Does Lack Of Evidence Play In A Criminal Sexual Conduct Defense? [read post]
27 Nov 2023, 3:00 am by jonathanturley
Iger has come to accept that a company does indeed have to sell products to survive. [read post]
27 Nov 2023, 2:36 am by Eleonora Rosati
Tesco’s only consolation prize was its success at knocking out a number of repeat logo filings by Lidl on the grounds of evergreening and bad faith.This one is almost certainly on its way to the Court of Appeal (where it has already been on an interlocutory matter covered in Volume 12). [read post]
27 Nov 2023, 2:15 am by INFORRM
Section 19 does not give the court power to permit the use of documents that have been provided in breach of a restriction order under section 19. [read post]
27 Nov 2023, 1:25 am by Rose Hughes
To begin with, description amendments may add matter and lead to the inescapable added matter trap post-grant (IPKat). [read post]
26 Nov 2023, 10:30 pm by Roos Klomberg
Forsaking the first step in such specific cases does not, in my opinion, damage the strong mutual trust that still exists between Member States. [read post]
26 Nov 2023, 8:29 pm by Katherine Morris and Melissa Carnell
The Committee agreed that there is ‘an urgent need for better data collection of the incidence of concussion in contact sports in Australia’ and recommended that: The Australian Government establish the National Sports Injury Database as a matter of urgency to address the lack of sports injury data available in Australia. [read post]
26 Nov 2023, 6:40 pm by Steve Bainbridge
” “Indeed, these commentators essentially argue that Delaware judges do not understand the very law they are applying, and the Delaware General Assembly does not understand the law it has created. [read post]
26 Nov 2023, 7:30 am by ricelawmd_3p2zve
For example, a medical academic who has lots of subject-matter knowledge but has never worked in the field likely would not be allowed to testify as an expert. [read post]