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21 Jun 2018, 8:55 am
Burwell) or concerning matters that Congress cannot be presumed to have delegated to the implementing agency. [read post]
29 Oct 2009, 8:38 pm
Nothing in the First Amendment requires that a jury must consider hypothetical and unascertainable "national standards" when attempting to determine whether certain materials are obscene as a matter of fact. [read post]
28 May 2014, 4:00 am
The brief expresses the view that the California Supreme Court's ruling was correct and that it does not conflict with any federal appellate opinions. [read post]
20 Dec 2018, 8:31 am
In Morriss the Eighth Circuit adopted the EEOC’s guideline that to be obese in a way that constituted an impairment the disabled person’s weight had to be twice the normal weight for a person of similar age and height. [read post]
21 Mar 2018, 5:38 am
But how does the right to counsel “worsen” the plight of the indigent? [read post]
11 Jun 2018, 2:30 am
"Here, opined the court, "the penalty of termination of employment is not disproportionate to the misconduct and does not shock the conscience" in view of the fact that Petitioner was found guilty of two acts of serious misconduct, which adversely affected the integrity of the Police Department. [read post]
12 Jul 2018, 4:00 am
Citing a recent decision by the Court of Appeals, Matter of Kelly v DiNapoli (30 NY3d 674, in which that court stated that "the requirement that a petitioner demonstrate that a condition was not readily observable in order to demonstrate an 'accident' is inconsistent with our prior case law," the Appellate Division annulled the Comptroller determination, explaining that "substantial evidence does not support the determination that the incident was not an… [read post]
21 Nov 2011, 4:45 am
But it's the novel or complex or highly contested cases which are the ones where artificial deadlines, no matter how well intentioned, may not serve the public. [read post]
30 Apr 2024, 6:14 am
May 20 is the deadline for filing comments in a third proceeding dealing with emergency broadcast matters. [read post]
6 Jun 2007, 11:39 am
New Jersey adopted a "vanity tax" in 2004, levied on "any medical procedure performed on [an] individual which is directed at improving [his/her] appearance and which does not meaningfully promote the proper function of the body or prevent or treat illness or disease. [read post]
2 Jan 2020, 11:35 pm
Kat friend Darryl Ho discusses how the matter was recently handled under the always interesting trademark jurisprudence in Singapore. [read post]
27 Jun 2016, 6:16 pm
Such simple resolutions adopted by one house (or concurrent resolutions adopted by both houses) have come to be recognized by parliamentarians as a vehicle to express the opinion and sense of Congress on a nonlegislative matter; and “sense of” the House, Senate, or Congress resolutions concerning a wide range of subjects have been used frequently in the past by the House and Senate. [read post]
10 Nov 2010, 1:19 pm
But does the fact that the mother was incarcerated mean that she abandoned her child? [read post]
28 Jun 2013, 9:01 pm
New Jersey’s civil union legislation, adopted in 2006, gave gay couples rights in certain matters including inheritance, adoptions, hospital visitation, and medical decision-making issues, as well as the right not to testify against their partner in a State court.(3) Those rights, however, pertain only to the State’s involvement in those issues and the recent Supreme Court decision does not change this. [read post]
8 Aug 2016, 2:30 pm
Perhaps it does so behind black boxes. [read post]
26 Jun 2018, 2:36 pm
Now let's complicate matters. [read post]
3 Apr 2016, 10:00 pm
In this fifth installment of the Filewrapper® series on trade secrets we begin to dive into the differences between confidential information, a trade secret and patentable subject matter. [read post]
10 May 2010, 7:33 am
How does this affect me and my case? [read post]
17 Jun 2021, 1:35 pm
(As a practical matter, the Defend Trade Secrets Act of 2016 had already filled the gap for many circumstances). [read post]
25 Feb 2010, 8:45 am
But no matter. [read post]
