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4 Mar 2016, 10:40 am by Eugene Volokh
And the court held that the university, in expelling the student for this misconduct, violated the student’s Due Process Clause rights: 1. [read post]
4 Mar 2016, 7:34 am
It will also not cover people residing in Jammu & Kashmir.Problem areas in the Aadhaar BillThe Aadhaar Bill is flawed, fundamentally, in several ways.1) Lack of uniformity of purpose of Aadhaar: The Aadhaar Bill does not contain a Preamble. [read post]
3 Mar 2016, 6:00 am by Martha Engel
It is important to remember that the refusal to register the mark does not mean that Bay State cannot use the mark going forward. [read post]
3 Mar 2016, 5:19 am
  Of course, we lambastedthe Karl decision ourselves (and made Karl #1 in our inaugural worst decisions of the year post). [read post]
2 Mar 2016, 9:31 am by Rebecca Tushnet
  Then the court granted dismissal of the fraud claim under Executive Law § 63(12) (as opposed to the common law fraud), stating that the statute does not provide a standalone cause of action for fraud, and dismissed the claim for violation of 16 CFR § 429. [read post]
29 Feb 2016, 4:37 am by Martin George
But the court may also come to the conclusion that the obligation to pay a ‘blank-cassette levy’ simply does not constitute a ‘matter relating to tort, delict or quasi-delict’, relegating the claimant to proceedings in the defendants’ home jurisdiction(s) pursuant to Art. 2(1) Brussels I (= Art. 4(1) Brussels I recast). [read post]
28 Feb 2016, 5:05 am
While laudable, this entry point clouds an assessment of where the legal system is moving because it neglects the fundamental role of the political power organizing it: the CCP.The legal system does not operate in a vacuum. [read post]
26 Feb 2016, 9:47 am by Rebecca Tushnet
Cardozo Law Conference: New Impressions of Advertising Law Panel 1: False Advertising (herein of Pom Wonderful v. [read post]
26 Feb 2016, 6:08 am by Tessa Shepperson
I sent him a further email and iMessage to ask his availability to get 1 remaining repair done, to which he has so far not responded. [read post]
25 Feb 2016, 8:07 pm
Whether the criteria of exclusion is intersectional in nature, i.e. defined by another characteristic like age does not perforce justify that criteria as non-discriminatory upon any reasonable interpretation of Article 15(1).[16]Similarly, the argument that permission to enter other temples justifies denial of entry at Sabarimala is tantamount to saying that discrimination is not discrimination when made selectively. [read post]
25 Feb 2016, 12:04 pm
Thomas, No. 5:12–CR–37, 2013 WL 6000484, at *1 (U.S. [read post]
25 Feb 2016, 6:05 am by Michael Geist
Article 18.68 (4)(i) of the TPP is limited to creating exceptions or limitations on the prohibition against circumvention and does not include language to permit mandated unlocking: a Party may provide certain limitations and exceptions to the measures implementing paragraph 1(a) or paragraph 1(b) in order to enable non-infringing uses if there is an actual or likely adverse impact of those measures on those non-infringing uses, as determined through a… [read post]
24 Feb 2016, 9:03 am by Howard Knopf
That said, the Board showed in the recent K-12 decisionthat it is prepared to adopt its own methodology, subject of course to procedural fairness concerns. [read post]
23 Feb 2016, 7:02 am by Michael Geist
As the Quebec gambling example illustrates, however, there are invariably new sectors or new issues that fall through the cracks. [read post]
22 Feb 2016, 4:36 pm by Kevin LaCroix
The Securities Act of 1933 does not permit the SEC to bring an enforcement action on behalf of an individual investor; however, individual investors are permitted to bring civil actions under several of its sections as noted below:   ■ Section 5 and Section 12(a)(1) allow purchasers (investors) to sue issuers for offering or selling a non-exempt security without registering it. [read post]