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30 Nov 2023, 12:44 pm by Eleonora Rosati
Hence, ‘[t]he requirement of originality under the [CDPA] is that the work must be an expression of that author's own intellectual creation’ (Banner, para 26).The guidance provided by the CJEU to the determine the sort of creative choices with which copyright is concerned has been regarded as ‘helpful’ by the Court of Appeal (Kogan v Martin, para 45). [read post]
30 Nov 2023, 9:54 am by Jocelyn Bosse
However, with ongoing trade negotiations, one thing is for sure: this isn't the last we will hear from Australia about the use of the name 'Prosecco'. [read post]
30 Nov 2023, 7:09 am by Don Asher
  A “powered industrial truck” is defined by ANSI B56.1-1969 as a “mobile, power propelled truck used to carry, push, pull, lift, stack, or tier material,” an industrial standard incorporated into federal law. [read post]
29 Nov 2023, 1:08 pm by Matthew Ackerman
One of the most common types of cases we handle is utility takings for transmission lines. [read post]
29 Nov 2023, 7:55 am
I am deighted to pass along the announcement of the publication of (Anne Wagner and Sarah Marusek (eds)) Research Handbook on Legal Semiotics (Edward Elgar, 2023). [read post]
28 Nov 2023, 7:27 am by Sasha Volokh
")  This applies, for instance, when Congress delegates to the executive branch in areas of foreign affairs or military governance, to Indian tribes in matters of regulation of Indian country, or to courts in certain procedural areas, or when Congress dynamically incorporates state law in various areas. [read post]
27 Nov 2023, 9:00 am by Sasha Volokh
Or consider the incorporation of outside rules (whether private standards or state law) into federal law. [read post]
27 Nov 2023, 8:45 am by Eugene Volokh
This Article, therefore, examines secret assembly both at America's founding and at the time of the incorporation of the Assembly Clause through the Fourteenth Amendment. [read post]
27 Nov 2023, 2:36 am by Eleonora Rosati
So: no joy on acquiescence, because five years wouldn’t be up until 2024. [read post]
26 Nov 2023, 6:40 pm by Steve Bainbridge
Third, where I part ways with Barr and Berry is in their theory that the Caremark error will lead to Delaware losing incorporations to red states (or, for that matter, any state). [read post]
24 Nov 2023, 11:41 am
"As we continue to adjust our content filters there may be some instances of overcorrection, and we are continuously refining as we incorporate learnings and feedback from users. [read post]
23 Nov 2023, 7:04 am by Russell Knight
“[T]he alleged misrepresentations in the instant case concern future intentions or conduct on the part of the defendant. [read post]
23 Nov 2023, 4:30 am by Thomas Repczynski, Esq.
Much like a delivered but unrecorded real property deed, a PSA assignment is not invalidated or rendered unenforceable merely because the insurance provider wasn’t timely provided a copy, or because the provider’s assignment form wasn’t used. [read post]
22 Nov 2023, 9:15 pm by Unknown
Together, these separate lists become a long catalog, and as I have done in previous years, I will do a lawyerly thing and incorporate them by reference. [read post]
22 Nov 2023, 10:51 am by Edward T. Kang
With the new amendment to Federal Rule of Evidence 702 coming into effect, litigators should take note of changes and incorporate them into their decision-making regarding expert testimony. [read post]