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1 Nov 2023, 5:53 am by John Elwood
§ 5845(b) includes non-mechanical bump stocks; and (2) if the definition of “machinegun” in Section 5845(b) is ambiguous, whether that ambiguity should be construed against the government. [read post]
1 Nov 2023, 3:43 am
Swann [Scholar-practitioner (and former Editor-in-Chief of the TMR) Jerre B. [read post]
1 Nov 2023, 3:19 am by Lucie Fortune (Bristows)
As there was no allegation of actual or threatened infringement in the Netherlands, the Court did not have jurisdiction under Article 33(1)(a), and instead needed to look to Article 33(1)(b). [read post]
1 Nov 2023, 1:00 am by Marcel Pemsel
Registration was sought for 'transportation; passenger transport; packaging of goods; storage of goods; organization of trips' in class 39: The examiner objected to the application and argued that it lacked distinctiveness (Art. 7(1)(b) EUTMR): The general public is used to word and figurative signs indicating the commercial origin of goods and services but the same does not apply to sounds, especially when it comes to a very simple sound sequence. [read post]
31 Oct 2023, 9:05 pm by renholding
Section 1112(b), unless it is filed “in good faith” (with the burden being on the debtor to show this). [read post]
31 Oct 2023, 7:51 pm by Donald Clarke
Under Article 7 of China’s Criminal Law, Chinese citizens are criminally liable for acts committed abroad if (a) the act would be a crime in China, and (b) the maximum punishment under Chinese law is at least three years’ imprisonment. [read post]
31 Oct 2023, 2:18 pm by David Kopel
[Only one federal firearms prohibitor does not require any specfic finding of fact] On November 7, the Supreme Court will hear oral argument in the only Second Amendment merits case this term, United States v. [read post]
31 Oct 2023, 12:55 pm by Alessandro Cerri
 In April 2022, the Second Board of Appeal nevertheless found that there was no likelihood of confusion within the meaning of Article 8(1)(b) EUTMR, since the marks at issue, considered as a whole, were similar only to a below-average degree, and the relevant public would at best establish a link to halloumi cheese. [read post]
31 Oct 2023, 11:29 am by Jeff Welty
The district court and eventually the court of appeals disagreed, with the latter stating that “[b]ecause it was clear that the agents were investigating [the defendant’s] recent drug sales, a reasonable person in his position would expect them to search the phone for relevant deleted messages. [read post]
31 Oct 2023, 10:26 am by Joshua Lloyd
By Eric Geringswald | CSC New York Laws Governing Business Entities Annotated 2023 Legal professionals around the country need a comprehensive and up-to-date resource to handle complex M&A transactions and related corporate litigation for New York entities. [read post]
31 Oct 2023, 8:54 am by Daniel M. Kowalski
Melissa del Bosque, The Border Chronicle, Oct. 31, 2023 "Muzzafar Chishti, a lawyer, is a senior fellow at the nonpartisan Migration Policy Institute (MPI) and director of MPI’s office at New York University School of Law. [read post]
31 Oct 2023, 8:37 am by Christopher Earley
Puede ser el factor decisivo en el éxito o fracaso de su búsqueda de justicia y compensación. [read post]
31 Oct 2023, 8:37 am by Christopher Earley
Puede ser el factor decisivo en el éxito o fracaso de su búsqueda de justicia y compensación. [read post]
31 Oct 2023, 8:05 am by Daniel M. Kowalski
(b) Within 120 days of the date of this order, the Secretary of State shall: (i) consider initiating a rulemaking to establish new criteria to designate countries and skills on the Department of State’s Exchange Visitor Skills List as it relates to the 2-year foreign residence requirement for certain J-1 nonimmigrants, including those skills that are critical to the United States; (ii) consider publishing updates to the 2009 Revised Exchange Visitor Skills List (74 FR 20108); and… [read post]
31 Oct 2023, 7:41 am by Unknown
" Smith also raised arguments about the text of FRCP 60(b)(4), contending that the rule contains no language narrowing the meaning of "void" to specific defects and that the Court should refuse to allow an overly restrictive reading. [read post]
31 Oct 2023, 6:49 am by The Petrie-Flom Center Staff
They should, where relevant, “proactively engage, collaborate and coordinate with States, individually and collectively, to ensure the full realization of health and human rights” (Article 5(b)(ii)). [read post]