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19 Apr 2017, 1:30 pm by Orin Kerr
As I read the 5th Circuit’s decision, the court rules that (a) retaliation against the driver for refusing to answer police questions may involve acts that violate the Fourth Amendment, (b) retaliation for refusal to answer police questions doesn’t clearly violate the First Amendment, and (c) such retaliation doesn’t violate the Fifth Amendment. [read post]
19 Apr 2017, 10:19 am by Ilya Somin
Who’s to say what kind of knowledge matters and what kind doesn’t? [read post]
19 Apr 2017, 8:44 am by Joy Waltemath
” However, the court did find that when the district court determined the director was improperly joined, it effectively dismissed the employee’s claim against him without prejudice due to lack of subject matter jurisdiction. [read post]
19 Apr 2017, 4:57 am
(This case also got a mention for its length, which stands at a whopping 362 paragraphs).Mondelez (Cadbury) v EUIPO, General Court T – 112/13 (Single Market)This case involved Nestlé’s application for a three-dimensional EUTM covering the four finger KitKat shape. [read post]
18 Apr 2017, 7:30 am by Docket Navigator
"[T]he Court concludes that it may properly construe a claim term at the pleading stage in certain circumstances. [read post]
18 Apr 2017, 5:02 am by Eugene Volokh
When a plaintiff sues the source, though, gets a stipulation and submits the order to Google with a deindexing request, the plaintiff is trying to short-circuit the news organization’s review of the matter. [read post]
17 Apr 2017, 4:14 pm by Arthur F. Coon
While the Court’s lengthy published opinion elaborates on the issues and applicable rules in scholastic fashion, some of its more significant “take aways” can be encapsulated as follows: “[T]he abuse of discretion standard [of review] applies to [C]ARB’s actions because [its] attempt to comply with the writ is for all practical purposes, an attempt to comply with CEQA. [read post]
17 Apr 2017, 1:26 pm
(Pix © Larry Catá Backer 2017)I have just posted a preliminary draft of an article that is currently entitled The Corporate Social Responsibilities of Financial Institutions for the Conduct of their Borrowers: The View from International Law and Standards. [read post]
17 Apr 2017, 8:19 am by Rebecca Tushnet
Those challenged statements were “inextricably intertwined” with the reporters’ coverage of a matter of public concern, whether Uber is safe for riders. [read post]
17 Apr 2017, 4:02 am by Kelly Phillips Erb
Words matter and when it comes to tax, words matter a great deal. [read post]
17 Apr 2017, 3:00 am by Biglaw Investor
This matters because your debt dollars don’t discriminate as to cost of living. [read post]
17 Apr 2017, 3:00 am by Biglaw Investor
This matters because your debt dollars don’t discriminate as to cost of living. [read post]
16 Apr 2017, 4:11 am by SHG
Much as I might prefer this be characterized as a matter of intellectual integrity, homey don’t play that. [read post]
15 Apr 2017, 7:31 am by Andrew Delaney
Suppose Client A has a balance of $1000, Client B has a balance of $4000, and Client C has a balance of $500. [read post]
15 Apr 2017, 5:11 am by Kelly Phillips Erb
The person who receives the dividend is the person responsible for paying the tax on the dividend: it doesn’t matter who owns the stock. [read post]
14 Apr 2017, 10:07 am by Daniel Shaviro
  Since evasion obviously can’t be observed directly (or at least, certainly not through tax  returns), it’s based on the size of the tax gap.Also, they obviously they can’t link tax evasion to individual returns based on people’s (unknown) political views. [read post]