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20 May 2019, 5:50 am by Bob Ambrogi
As regular readers of this blog know, I track the states that have adopted the duty of technology competence for lawyers. [read post]
20 May 2019, 5:49 am
The private post-purchase control that IoT companies exert over smart goods represents a significant change in private actors’ regulatory capacity to set rules governing knowledge. [read post]
20 May 2019, 3:22 am by Orin Kerr
Next, the black letter rule of Section 4.06 suggests that police agencies should consider adopting a rule that officers cannot ask for consent unless they first have reasonable suspicion. [read post]
19 May 2019, 9:01 pm by Vikram David Amar and Jason Mazzone
Maybe this idea makes sense as a matter of policy in some areas of regulation, but we don’t see much constitutional support for imposing a general ripeness requirement on legislatures. [read post]
19 May 2019, 1:05 pm
 (…) This approach comports with that taken by our sister circuits, who have similarly declined to adopt a per se rule against protecting domain names, even where they are formed by combining generic terms with TLDs. [read post]
19 May 2019, 6:11 am
However, it seems fair to say that the DSM Directive is the longest piece of EU legislation ever adopted relating exclusively to copyright.Here's a table I have made which lists the various lengths of the directives and regulations that compose the EU copyright acquis, ordered from the shortest to the longest one:EU legislation No of pages in the OJ Directive on the resale right for the benefit of the author of an original work of art ("Resale Right Directive"), 27… [read post]
18 May 2019, 9:27 am by MOTP
This is because the Texas Supreme Court blessed and adopted the Lodestar approach in reversing an award of more than $800,000 in attorney’s in the case for insufficient supporting evidence in the record. [read post]
18 May 2019, 3:10 am by INFORRM
The Court furthermore observes: ‘that according to any breach of the procedure for the conduct of public events, no matter how small or innocuous, may serve as a ground for the Prosecutor General’s decision to block access to Internet posts containing calls to participate in that event. [read post]
17 May 2019, 3:23 pm
Here, Hacon HHJ did follow the CoA in JP Morgan, which adopted a fairly permissive interpretation of the analogous wording in Article 24(2). [read post]
17 May 2019, 11:41 am by Josh Blackman
” As a general matter, I do not think the clear statement rule would apply to the 18 U.S.C. [read post]
17 May 2019, 8:02 am by Simon Lovegrove (UK)
However, Mr Woods states that this would be undesirable if it came with the prospect of becoming a rule-taker in financial services with all the risks – both prudential, and as a matter of industrial policy – that entails. [read post]
17 May 2019, 4:58 am by SHG
California was the first to adopt a ban in 2014; Illinois followed in 2017; Rhode Island in 2018. [read post]
16 May 2019, 12:15 pm by Eric Caligiuri
Next, contrary to Apple’s argument, the Court found the three Illinois Brick rationales for adopting the direct-purchaser rule cut strongly in plaintiffs’ favor. [read post]
16 May 2019, 8:59 am by David Oxenford
Even though states may have adopted rules governing advertising for these products, the federal law still poses great risks for broadcast licensees – just as it does for other federally-regulated entities. [read post]
16 May 2019, 8:55 am by Michael Sweeney
” Diverging from these exceptions and adopting an enclosed list of statutory exceptions may have uncertain follow-on effects. [read post]
16 May 2019, 8:49 am by Erika Frank
The plaintiffs appealed the district court’s ruling. [read post]