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14 Dec 2021, 5:31 pm
The legal landscape continues to evolve quickly and there is a lack of clear-cut authority or bright line rules on implementation. [read post]
16 Oct 2010, 12:02 pm
Don’t we need some bright lines, will patenting business methods help or harm innovation, will patenting business methods provide a windfall for the trolls? [read post]
2 Jul 2011, 9:57 am
Although the Seventh Circuit acknowledged that the “requirement that the district court specifically address the defendant’s principal, potentially meritorious sentencing arguments applies with less force where the judge received voluminous evidence and listened carefully to the defendant’s arguments and in the end imposed a short prison sentence significantly below the applicable guidelines range” (5, internal quotation marks and alterations omitted), the… [read post]
18 Jul 2024, 5:00 am
In the recent case Loper Bright Enterprises v. [read post]
4 Aug 2019, 8:53 pm
Its use is not without controversy or its detractors, and there are some unique challenges that emerge in administering the LSAT in the context of applicants with medical disabilities. [read post]
27 Aug 2012, 11:46 pm
This repo contains an HTML application for creating visuals at live performances. [read post]
9 Jan 2022, 6:42 am
Bright Health Group Bright Health Group is a health insurance and health services company. [read post]
5 Jul 2015, 10:15 pm
The court found that because a building permit had not yet been issued, the type of digital sign that was going to be installed has not yet been determined; therefore, there was no testimony or evidence regarding how bright the actual sign will be or that the brightness of the sign will be adverse during the daytime. [read post]
28 Dec 2011, 8:59 pm
Though case law in this area has developed since the SSPA's enactment due to the hundreds of applications of this nature, unless there are bright-line rules or, for example, prohibitions against using annual discount rates above a certain percentage point, it appears, in many cases, that the transaction rates currently being used (along with other factors) are inherently not fair and reasonable, nor in the payees' best interests. [read post]
24 Jun 2009, 6:11 am
In order to protect privacy, bright-line laws giving individuals the right to enforce those rights must to be enacted and not left for government enforcement, but provide private remedies as well. [read post]
12 Oct 2010, 8:01 am
The Applicant here won on the first line of attack, and I use this type of attack frequently. [read post]
22 Dec 2008, 6:49 pm
Our brief is posted here.We blogged about the lower court decision here, the rehearing petition here, and the cert petition here.The two Questions Presented by the cert petition involve whether the ad hoc Penn Central test for whether government action effects a regulatory taking of property can be reduced to bright-line rules, and whether, under the Williamson County ripeness rules, a property owner must continue to pursue a a development application when the reviewing… [read post]
3 Apr 2013, 1:13 pm
To frame the debate and identify the applicable provisions of the Patents Act and their rationale, the Court embarked on a lengthy review of the changes that affected patent law in India in the last century. [read post]
14 Feb 2019, 11:50 am
Giving SMS permission would mean making Facebook Messenger the default texting application for your phone. [read post]
8 Mar 2016, 4:00 am
A very bright student asked whether we could use the metaphor to describe the United States when it tries to push TRIPs standards on least developing countries (implementation delayed until 2021 and 2033 for pharmaceuticals.) [read post]
6 Dec 2013, 10:32 am
City of Eugene, the Court applied Dahlia’s newly articulated legal framework for analyzing the application of peace officers’ First Amendment rights. [read post]
30 Jul 2018, 7:28 am
In the Sixth Circuit, copying a sound recording and incorporating that sample into one’s own work without a license was equated to stealing in Bridgeport when the court created a bright-line rule that eliminated the applicability of the de minimis exception to sound recordings. [read post]
4 Nov 2011, 12:50 pm
The rule is what the rule is, and we don’t really care about whether its rigid application results in the exclusion of reliable evidence of guilt. [read post]
16 Jan 2015, 7:52 am
2015 started out with such promise, but here it is a mere sixteen days in and it’s already shot to Hell, with you sitting there devitalizing your bright eyes with our pixelated nonsense. [read post]
24 May 2013, 5:00 am
Medtronic, Inc., 670 F.3d 569 (4th Cir. 2012), Walker also limited the parallel violation exception to Riegel preemption to FDA performance standards applicable to the device. [read post]
