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4 Apr 2010, 6:24 am
Let's focus on three ideas that illuminate legal pragmatism: (1) the idea of practical judgment, (2) the idea of particularism, and (3) the notion of antitheory.Practical Judgment One way to think about legal pragmatism begins with the distinction between "practical judgment" (and the allied notion of "practical wisdom") and "theoretical judgment. [read post]
4 Apr 2010, 6:22 am
” [3] Mr. [read post]
2 Apr 2010, 7:34 am
Justice John Paul Stevens 1. [read post]
2 Apr 2010, 4:50 am
§ 1382c(a)(3)(G)’s instruction to consider “the combined effect of all of the individual’s impairments. [read post]
2 Apr 2010, 4:37 am
¶ 3.) [read post]
1 Apr 2010, 3:47 am
TTAB Affirms Mere Descriptiveness Refusal of "TITANIUM" for Kitchen ApplicancesSection 2(e)(2) - primarily geographically descriptive:TTAB Affirms 2(e)(2) Geographical Descriptiveness Refusal of "US PATIENT REGISTRY" for Medical Information DatabaseSection 2(e)(3) - primarily geographically deceptively misdescriptive:TTAB Sustains 2(d) Opposition, finding "SWEDISH LUXURY" and "SWEDISH SLEEP SYSTEM"… [read post]
31 Mar 2010, 1:45 pm
Practice pointer #2: try not to faint. [read post]
31 Mar 2010, 9:33 am
Examples Example 1 – An S-signature for a pro se applicant Respectfully submitted, /John Smith/ John Smith Example 2 – An S-signature for registered practitioner Respectfully submitted, By: /John Smith/ John Smith Reg. [read post]
31 Mar 2010, 8:21 am
The group has filed the 20,000 “John Doe” lawsuits to learn the names of the alleged file sharers and then, according to their statements, demand modest-sized settlments from them to avoid an expensive litigation. [read post]
31 Mar 2010, 6:34 am
In a landmark holding, the Israeli Supreme Court restricted the unmasking of an anonymous defendant on an online defamation case, holding that online anonymity is a constitutional right derived from the right to privacy and free speech.The majority (2-1) opinion held that absent an appropriate procedure set forth by statute, the identity of the defendant, who was named “John Doe” in the case, may not be disclosed by his or her ISP. [read post]
30 Mar 2010, 11:21 pm
Big M Drug Mart Ltd., [1985] 1 S.C.R. 295 at paras. 94, 96. [read post]
30 Mar 2010, 1:38 pm
John Deere Co., 383 U.S. 1, 17-18 (1966); PharamStem Therapeutics, Inc. v. [read post]
29 Mar 2010, 6:13 pm
McChesney and John Nichols, authors of the new book The Death and Life of American Journalism, have proposed a 7% tax on broadcasters, which they e [read post]
29 Mar 2010, 9:26 am
In my practice, the most common type of § 103 rejection is one in which the Examiner alleges that specific elements are taught by Reference #1, and other elements are taught by Reference #2. [read post]
29 Mar 2010, 7:40 am
This combination of (1) the distinction between legal and political authority, and (2) the power of the electorate to impeach (and I would add, simply to vote against) the President, is what prevents the President's extra-constitutional power from becoming dictatorial or monarchical. [read post]
28 Mar 2010, 8:01 pm
His does. [read post]
27 Mar 2010, 10:00 pm
His "Form A's" seem to have been disclosed to the IRS as a result of the tax information exchange agreements expressly mentioned by the settlement in The "John Doe" Summons Case. [read post]
26 Mar 2010, 6:07 pm
A complaint that merely sets forth a legal theory, conclusory allegations and recitation of the elements of a cause of action does not sufficiently state a plausible claim for relief. [read post]
26 Mar 2010, 4:28 pm
’ We ask: (1) whether the wrongful conduct occurred in the United States, and (2) whether the wrongful conduct had a substantial effect in the United States or upon United States citizens. [read post]
26 Mar 2010, 6:07 am
As Congress continues to grapple with these questions, here are five steps that should be considered: 1. [read post]