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18 Jul 2023, 7:12 pm
” (Oliver Dale, “Self, Ego, and Suicide,” Analytical Psychology 67(3) (2022) 796-816, 797). [read post]
13 Aug 2021, 1:03 pm
Especially in the latter column, I argued that this is not in fact a matter of balancing individual freedom against social harms, because the concepts of force, choice, and all of the other buzzwords that are being endlessly repeated by the antisocial right are deeply incoherent.There was a very good exchange on the comments board for that second column, with an especially important point offered by Professor Dorf, suggesting that I might have overstated my claim in a way that could seem to… [read post]
15 Jul 2022, 6:30 am
New York (1905), the case in which the Supreme Court over the dissents of Justices John Marshall Harlan and Oliver Wendell Holmes, Jr., held unconstitutional state laws restricting the working hours of bakers. [read post]
17 Oct 2019, 5:58 am
In a panel moderated by Tom Oliver (senior associate at Powell Gilbert), it soon became clear that “all things FRAND are completely opaque and unclear,” and that there is no sight of improvement anytime soon. [read post]
2 Apr 2018, 12:01 pm
Calvin TerBeekShortly after President Clinton’s 1996 re-election, an originalist law professor took to the pages of National Review (NR) to propose that Justice Scalia run for president on the Republican ticket in 2000. [read post]
20 Feb 2022, 2:19 pm
As previously remarked in IP Finance, I recently submitted my individual comments, and commented along with other scholars of law, business and economics, among hundreds of consultation submissions in response to the US Department of Justice’s ‘Draft Policy Statement on Licensing Negotiations and Remedies for Standard-Essential Patents Subject to Voluntary F/RAND Licensing Commitments’ (”DoJ Draft Revised Statement”).Red herring, courtesy of Wikimedia CommonsComments on… [read post]
15 May 2019, 10:06 pm
Still Eleonora reports on two key decisions of the Italian Supreme Court issued concerning the liability of intermediaries for third-party IPR infringements.Katfriend Oliver Fairhurst discusses When does AI infringe copyright? [read post]
12 Jun 2015, 6:38 am
My revised contribution to a forthcoming symposium issue of the Virginia Law Review on Jurisprudence and (Its) History is now available here. [read post]
22 Dec 2016, 4:20 am
PatentlyApple has a post Apple Files a Major Antitrust Case against Acacia Research Corporation Pointing to a Conspiracy with Nokia Corporation which presents a complaint filed by Apple in federal ND Cal against Acacia (and others) asserting antitrust violations.The action involves "standard essential patents" acquired by non-practicing entities (also known as patent assertion entities [PAE]) from Nokia which were the subject of FRAND agreements:This conduct is all the more pernicious… [read post]
17 May 2015, 1:08 am
The Supreme Court in last week’s decision reaffirmed this view, holding that PCCM had its business based in Hong Kong but that, as it did not have any customers in the UK, it had no goodwill in the UK for the purposes of passing off.Passing off: the classic trinity Lord Oliver in Jif Lemon stated: “First, [the claimant] must establish a goodwill or reputation attached to the goods or services which he supplied in the minds of the purchasing public by association with the… [read post]
9 Mar 2014, 4:43 pm
Indeed, and further, Oliver Leaman states that “his arguments against philosophy are themselves philosophical. [read post]
5 Oct 2016, 5:00 am
Ian Ayres and Greg KlassTouro law professor, Dan Subotnik, has publishedan extended email exchange that helps to teach an important legal and moral differences between “never intending” and “intending never. [read post]
23 Feb 2024, 7:30 am
The careers of a number of prominent law professors have been weighed down by the heavy burden of expectations arising from the Oliver Wendell Holmes Devise History of the Supreme Court. [read post]
19 Aug 2015, 7:30 am
Who, after all, in 2015 does not agree with Oliver Wendell Holmes that one must understand both “logic” and “experience” when analyzing any given legal order—or that “experience” will ultimately dominate “logic” with regard to explaining the survival of any legal system over significant spans of time? [read post]
15 Nov 2019, 6:30 am
For the symposium on David S. [read post]
31 Dec 2020, 6:30 am
Horton (1891), the Massachusetts Supreme Judicial Court, in an opinion by Oliver Wendell Holmes, Jr., upheld a trial judge’s determination, in a subsequent bench trial, that a horse destroyed by the Board of Health did not have glanders, an infectious bacterial disease, after all. [read post]
24 May 2020, 7:38 am
The Ministers are Oliver Dowden MP (Secretary of State for Digital, Culture, Media and Sport); Caroline Dinenage MP (Minister for Digital and Culture) and Baroness Williams (Lords Minister, Home Office). [read post]
27 Nov 2015, 6:07 am
(I need to preface this post with a caveat: It is very long because it addresses difficult issues involved in deciding when a Public Records Act applies to a state employee's use of his/her cell phone to conduct official business. [read post]
15 Aug 2018, 12:12 pm
Fairfield Accident Statistics I’m Ed Smith, a Fairfield car accident lawyer. [read post]
21 Oct 2018, 3:32 am
Dangerous Marysville Intersections Dangerous Marysville Intersections – Marysville is a relatively small city with less than 13,000 residents. [read post]
