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30 Nov 2023, 9:01 pm by Vikram David Amar
Silence on Congress’s part often requires federal courts to decide whether a so-called private right to sue (or a private right of action) is “implied” by the way Congress wrote and structured the statute, notwithstanding Congress’ failure to address the question of private enforcement explicitly.The Supreme Court’s attitude on “implied rights of action” has evolved over the last two generations. [read post]
29 Jan 2019, 12:00 am by Thomas G. Heintzman
It may be considered, however, in the resolution of ambiguity in the contractual language used: Shewchuk v Blackmount Capital Inc., 2016 ONCA 9123 at 41….A cautionary approach is required where evidence of such subsequent conduct is used for the purpose of divining intention. [read post]
28 Jan 2019, 12:00 am by clc-admin
It may be considered, however, in the resolution of ambiguity in the contractual language used: Shewchuk v Blackmount Capital Inc., 2016 ONCA 9123 at 41….A cautionary approach is required where evidence of such subsequent conduct is used for the purpose of divining intention. [read post]
14 Jul 2011, 10:08 pm by ed_walters
 The free Websites of many state legislatures contain copyright notices warning the world that copying public law is illegal and punishable under copyright law. [read post]
15 Oct 2012, 8:13 am by Charles Johnson
  The evidence showed that from 1996 through September 2000, Edwards, the founder of ETS Payphones, Inc. [read post]
1 Feb 2012, 9:15 am by SteinMcewen, LLP
  Oddly, the exception applies only to U.S. universities since the statute references the definition contained in 20 U.S.C. [read post]
7 Apr 2014, 4:00 am by Terry Hart
” Frena Finally, one of the earliest cases involving copyright liability in the online context saw a bulletin board system (BBS) operator liable for directly infringing public display and distribution rights.8 Though there was only brief discussion in Frena, the court did say, “There is no dispute that Defendant Frena supplied a product containing unauthorized copies of a copyrighted work. [read post]
12 Oct 2015, 3:25 pm by Barry Sookman
This process, therefore, enabled Irish based undertakings such as Facebook Ireland to transfer data of EU residents to Facebook Inc. in the US. [read post]
13 Dec 2009, 8:58 pm by smtaber
Along the way, he cites Cass Sunstein on the “precautionary principle,” which (per Sunstein) holds that “it is appropriate to respond aggressively to low-probability, high-impact events. [read post]
13 Aug 2017, 6:00 am by Ed. Microjuris.com Puerto Rico
By Richard Cooper, Luke Barefoot, Adam Brenneman and Antonio Pietrantoni1 If there is one thing that all stakeholders in Puerto Rico’s fiscal crisis can agree on (and there are likely not many such things), it is that, without real economic growth, the commonwealth of Puerto Rico will neither be able to repay its creditors nor offer its residents a viable, let alone prosperous, future. [read post]
9 May 2013, 1:48 am by Editors
Is it time to dust off your employee handbook? [read post]
9 May 2013, 1:48 am by Editors
Is it time to dust off your employee handbook? [read post]
3 Jan 2023, 1:47 pm by Kevin LaCroix
In light of the changed business and economic conditions, it seems likely that many of these searching SPACs will not find a merger partner; indeed, as the Wall Street Journal put it in a December 27, 2022, article, the SPAC boom era has given way to a SPAC “bust” and to what the Journal described as a “frenzy” of liquidation. [read post]
25 Feb 2008, 10:08 am
Helliker's first job took him all the way across the river to Kansas City, Missouri where he worked at the Kansas City Star. [read post]