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2 May 2011, 5:29 am
The Court thus cloaks in the rhetoric of volition a policy in tension with constitutionally-pedigreed access to justice and venerable principles of federalism.This Article documents the rhetoric-reality gap and explores why it exists and why it matters. [read post]
27 Apr 2011, 12:23 pm
http://tinyurl.com/3jxea4o (TaylorWessing) The Economics of Tape - http://tinyurl.com/3uukpm8 (B&L Blog) The Tricky Question of Balancing Mailbox Size Limits - http://tinyurl.com/3d75kvr (Mike Wheatley) What We Can Learn from the Oak Ridge Attack - http://tinyurl.com/3ov929s (Jeff Orloff) Why Dropbox Avoids Industry Buzzwords Like "The Cloud" - http://tinyurl.com/3qczuc5 (Austin Carr) Worried About Brand Damage From Social Media? [read post]
25 Apr 2011, 6:06 am
” Joan Biskupic covers the case for USA Today, while Andrew Cohen of the Atlantic predicts that “no matter which way they vote, the justices will offer a trove of new talking points (and legal precedent) to everyone else who pays attention to this particular corner of the world of information technology. [read post]
19 Apr 2011, 12:06 pm
§ 311(b). [read post]
15 Apr 2011, 5:09 am
The district court ruled, among other matters, that the Defendants had breached their fiduciary duty under ERISA with respect to the Plan. [read post]
12 Apr 2011, 9:38 am
” W.R.C.P. 26(b)(1). [read post]
10 Apr 2011, 9:01 pm
. #40 Small Business Trends #41 Jonathan B. [read post]
10 Apr 2011, 9:01 pm
. #40 Small Business Trends #41 Jonathan B. [read post]
31 Mar 2011, 3:32 am
Max, "Trademarks in the Veldt: Do Virtual Lawyers Dream of Electric Trademarks"Recommended Reading: Andrew Beckerman-Rodau, "The Problem With Intellectual Property Rights: Subject Matter Expansion"Recommended Reading: Ann Gilson Lelonde and Jerome Gilson, "Getting Real with Nontraditional Trademarks"Recommended Reading: Mostert and Schwimmer, "Notice and Takedown for Trademarks"Recommended Reading: 100th Anniversary Issue of The Trademark… [read post]
19 Mar 2011, 2:37 am
Condition 2 is that the opinion is on a matter of public interest and condition 3 is that an honest person could have held the opinion on the basis of (a) a fact which existed at the time the statement complained of was published; (b) a privileged statement which was published before the statement complained of. [read post]
18 Mar 2011, 11:03 am
Andrew Sullivan has usefully rounded up the reactions from the punditry here. [read post]
18 Mar 2011, 9:04 am
’ A defence will exist under clause 2 where the defendant shows that ‘(a) the statement complained of is, or forms part of, a statement on a matter of public interest; and (b) the defendant acted responsibly in publishing the statement complained of. [read post]
16 Mar 2011, 2:01 pm
Andrew B. [read post]
11 Mar 2011, 1:58 pm
(b) It's a "skin in the game" approach. [read post]
10 Mar 2011, 2:39 pm
The other two witnesses were Professor Dan Burk (UC Irvine) and Andrew Pincus (Mayer Brown, representing BSA). [read post]
9 Mar 2011, 4:21 pm
Likelihood of Consumer Confusion As a procedural matter, the court addressed the "Internet trinity/Internet troika" variation of the standard Sleekcraft test. [read post]
9 Mar 2011, 1:29 pm
Defaults matter all the time. [read post]
7 Mar 2011, 4:05 pm
Stat. 5/12-621(b)(7) (2009).) [read post]
3 Mar 2011, 3:35 am
Sundby & Lucy B. [read post]
25 Feb 2011, 6:07 am
Code § 2252(a)(4)(B). . . . [read post]
