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26 Oct 2009, 10:59 am
Surely the physician-patient relationship and access to medical care are more societally significant concerns than any concerns related to the relationship between a retailer of medical products and its sales force. [read post]
24 Oct 2009, 7:00 am
Societe Air France, 236 F.R.D. 9, 12-13 (D.D.C. 2006) (noting that a treating physician may be "retained or specially employed" under Rule 26 and thus an expert from whom a report is required if, among other things, they base opinions on something other than their own examination of the party such as the medical records of another physician or if they are compensated or expect compensation for their time preparing to testify); (2) Know the court's local rules. [read post]
23 Oct 2009, 2:26 am
Two recent TTAB interlocutory rulings provide an indication that it will not be easy.In Societe Cooperative Vigneronne Des Grandes Caves Richon-Lezion and Zicron-Jacob Ltd v Albrecht-Piazza LLC, Opposition No. 91190040 ( September 20, 2009), the TTAB required the applicant-counterclaimant to amend its fraud-based petition for cancellation in light of Bose. [read post]
22 Oct 2009, 9:14 pm
Mark Steyn calls this news clip from Canada “the descent into societal madness distilled into one perfect paragraph”: People with outstanding warrants will be denied income assistance in British Columbia as soon as next year if legislation introduced yesterday is passed into law, said Rich Coleman, Minister of Housing and Social Development. [read post]
22 Oct 2009, 9:58 am
., supported by the public at large, no amount of genius and talent is going to result in societal wealth. [read post]
22 Oct 2009, 9:14 am
• Is it consistent with evolving societal standards of decency? [read post]
21 Oct 2009, 12:04 pm
Mark Lance (Georgetown) takes issue with the letter (but not the spirit) of the recent petition about the proposed "impact" standard for research funding in the U.K.: I'm a bit bothered by the rhetoric of this petition. [read post]
20 Oct 2009, 8:15 pm
From the point-of-view of transitional justice processes, we argue that (1) it is crucial to know the state of society prior to the implementation of justice processes so that change can be measured; (2) cultural values such as support for the rule of law are as likely to be causes of transitional justice processes as they are results; and (3) because much too little is known about the societal consequences of transitional justice processes, much more rigorous, quantitative analysis must be… [read post]
20 Oct 2009, 7:22 pm
But catering to powerful societal interests is not a recent political phenomenon. [read post]
20 Oct 2009, 5:00 am
An accused individual does not need to be a priest to experience the negative affects of societal scorn, which often happens even before a sex crime case goes to trial. [read post]
19 Oct 2009, 5:18 pm
PHD POSITION: Societal impact of international criminal justice (full-time)Vacancy number: 9-202The PhD will examine the empirical and methodological problems associated with impact-measurement of international criminal justice. [read post]
19 Oct 2009, 1:33 am
A societal preference for boys here has become an unlikely source of power for Indian women. [read post]
18 Oct 2009, 3:14 pm
State Bar of Arizona overruled the Arizona Bar’s and every other state bar’s legal advertising restrictions by ruling that Commercial speech, which serves individual and societal interests in [...] [read post]
18 Oct 2009, 11:58 am
They were concerned that international arbitrators may lack expertise in and understanding of local laws and societal values and, where these laws and values are at the heart of an investment dispute, the arbitration panels' decisions risk undermining the domestic laws and values. [read post]
18 Oct 2009, 3:12 am
What societal purpose is served by turning a one year sentence of incarceration into a lifetime sentence of shame? [read post]
17 Oct 2009, 5:22 pm
Sociologist Elise Boulding has said that we live in a “200 year present,” a “social space which reaches into the past and into the future” -- a space in which “we can move around directly in our own lives and indirectly by touching the lives of the young and old around us. [read post]
16 Oct 2009, 7:15 am
It is an all-purpose tort that requires the plaintiff to show (1) that the defendant's conduct was outrageous, beyond the bounds of societal decency. and (2) causes severe emotional distress.Indeed, it is the same sort of conduct that materially increases the likelihood of litigation over plain professional negligence -- deserting the patient, devaluing the patient's views, delivering information poorly. [read post]
15 Oct 2009, 9:00 am
They should be granted rarely, and only where, and for so long as, a clear case has been made that the conduct in question would subject the actors to antitrust liability and is necessary to satisfy a specific societal goal that trumps the benefit of a free market to consumers and the U.S. economy in general. [read post]
13 Oct 2009, 12:39 pm
" "Our equality is weak, its promise largely illusory, because it fails to take into account the existing inequalities of circumstances created both by inevitable and universal vulnerability inherent in the human condition and the societal institutions that have grown up around them, most notably the family and the state. [read post]
13 Oct 2009, 6:09 am
The CC itself suggests three lessons that we can take away from this study: the findings suggest some reasons for the ongoing success of Creative Commons NC licenses, rules of thumb for licensors releasing works under NC licenses and licensees using works released under NC licenses, and serve as a reminder to would-be users of the NC licenses to consider carefully the potential societal costs of a decision to restrict commercial use. [read post]