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4 Nov 2014, 5:23 am
As learned Arnold J stated in SAS v WPL [para 27]:"In the light of a number of recent judgments of the CJEU, it may be arguable that it is not a fatal objection to a claim that copyright subsists in a particular work that the work is not one of the kinds of work listed in section 1(1)(a) of the Copyright, Designs and Patents 1988 and defined elsewhere in that Act. [read post]
22 Jun 2019, 12:50 pm by John Floyd
  The independent source doctrine was recently on display in the Seventh Circuit Court of Appeals in the case of United States v. [read post]
24 Jun 2009, 3:37 pm
State court support in this field has to be granted in the state where the evidence is located. [read post]
17 May 2015, 2:57 am by Matthias Weller
Siehr recalled the landmark cases of Attorney-General of New Zealand v Ortiz, [1984] AC 1, Winkworth v. [read post]
30 Dec 2022, 11:45 am by Orin S. Kerr
  So my reworked materials start with a section on the history and the development of the Fourth Amendment, starting with Entick v. [read post]
25 Oct 2017, 3:54 am by Graham Smith
Citations in the post are to that list and to paragraph numbers in the Communication.Index to Issues and AnnexPresumed illegalDue process at sourceLegal competence v practical competenceDue process v quality standardsManifest illegality v contextual informationIllegality on the face of the statute v prosecutorial discretionOffline v onlineMore is better, faster is bestLiability shield v removal toolNational laws v coherent EU… [read post]
10 Jul 2019, 4:38 pm by INFORRM
Contrary to what the GC had ostensibly held in paragraph 29 of its judgment, the AG observed that freedom of expression ‘clearly applies’ in the field of trade marks, though: in contrast to the fields of arts, culture, and literature, the weight to be given to freedom of expression in the area of trade mark law may be somewhat different, perhaps slightly lighter, in the overall balancing of the rights and interests present. [read post]
27 Jun 2010, 5:31 am
Kelly Tillery of Pepper Hamilton, BCBG's law firm stated:“With respect, the judge just got it wrong. [read post]
12 May 2017, 4:00 am by Ian Mackenzie
But, as in the criminal justice field, there may be undue concern about judicial review. [read post]
26 May 2008, 9:43 am
Allen (Stetson University College of Law) has published “Of Remedies, Juries and State Regulation of Punitive Damages: The Significance of Philip Morris v. [read post]
24 Aug 2010, 1:08 pm by Rob McKinney
  Based upon Tennessee case law, State of Tennessee v, Korasakov, the breath test is inadmissible. [read post]