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7 Jun 2011, 6:26 am
Chiquita's counsel, by the way, comes from the corporate law firm of Covington & Burling, which we've written about quite a bit before (here, here). [read post]
7 Jun 2011, 5:02 am
If this post comes off bitter, it is. [read post]
6 Jun 2011, 10:48 pm
One of the observations Twenge highlights is that informality in school and the workplace is the new norm. [read post]
6 Jun 2011, 1:24 pm
Roberts then uses linguistic jujitsu to come up with a scenario in which the Bayh-Dole Act only convers the contractor (the university) and somehow not the university employees who inherently must make the invention (unless the invention is made entirely by machine, I guess). [read post]
6 Jun 2011, 12:12 pm
In dissent, Justice Breyer wrote: Ultimately, the majority rejects Stanford's reading (and the Government's reading) of the Act because it believes that it is inconsistent with certain background norms of patent law, norms that ordinarily provide an individual inventor with full patent rights. [read post]
5 Jun 2011, 11:30 am
It is one of the more interesting patent articles to come out in the past year, so I recommend downloading it. [read post]
4 Jun 2011, 11:12 am
No, they’re coming from Sega! [read post]
4 Jun 2011, 9:12 am
Why do courts make that normative choice without fully explaining it. [read post]
3 Jun 2011, 2:50 pm
Anticipated prison conditions affect the length of sentences: The more onerous a prison system’s norm, the shorter a sentence can be and still achieve a desired amount of deterrence and punishment. [read post]
3 Jun 2011, 11:04 am
First, some schools (or prisons) will cater to those parents (or inmates) whose uncertainty or risk tolerance is different from the norm. [read post]
2 Jun 2011, 6:00 pm
Mediocrity has been accepted as the norm, especially when it comes to faculty. [read post]
1 Jun 2011, 3:35 pm
But now comes the hard part. [read post]
1 Jun 2011, 3:28 pm
” (Of course, whether the Justices are well-placed to understand the norms of customary behavior for manufacturers is debatable). [read post]
1 Jun 2011, 7:23 am
ICC: A Coming Crisis By Martin Shaw, originally published at OpenDemocracy, on May 31, 2011. [read post]
1 Jun 2011, 5:48 am
In light of the initial quantitative findings for a pre-2007 population of arbitration awards, but recognizing the need for replication and methods to facilitate qualitative and normative assessments of ICSID, this Article concludes by suggesting that there may be value in implementing tailored reforms and structural safeguards to address arguable concerns of bias, improve the management of international economic conflict, and minimize a potential backlash to the international investment… [read post]
1 Jun 2011, 5:48 am
In light of the initial quantitative findings for a pre-2007 population of arbitration awards, but recognizing the need for replication and methods to facilitate qualitative and normative assessments of ICSID, this Article concludes by suggesting that there may be value in implementing tailored reforms and structural safeguards to address arguable concerns of bias, improve the management of international economic conflict, and minimize a potential backlash to the international investment… [read post]
31 May 2011, 8:19 am
The US denial of extraterritorial application of ICCPR is not a reason to shy away from asserting human rights law norms. [read post]
30 May 2011, 2:17 pm
Normative inquiry, and normative knowledge, is driven in law by disturbances in the social fabric channeled into systematized dispute resolution. 2. [read post]
30 May 2011, 10:15 am
(And to register the oddity of worrying about shrinking an exception, is not the burden usually on the “exception” to justify its reach, after all the rule is supposed to be the norm, and the exception the abnormal—or is the fact that the Court is worried about protecting the exception against “unreasonable” applications of the rule mean that the rule and exception are now really in an inverse relation?). [read post]
28 May 2011, 11:46 am
Markus Krajewski, Legitimising global economic governance through transnational parliamentarisation: how far have we come? [read post]