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17 Feb 2011, 9:08 pm
The contents of the reference and the meaning of the claim are irrelevant in a procedural challenge.If the examiner failed to address a claim limitation (as is the norm in the 3690s business methods art units) or neglected an element of the prima facie case set forth in MPEP Chapter 2100, then an appeal brief meets its legal burden by simply pointing out the procedural failure. [read post]
17 Feb 2011, 7:53 pm by Jonathan Zittrain
The net neutrality tripwire: The book points out the power of corporate norms — if today’s barons are looking to build empires, they’re certainly not advertising it the way their predecessors did. [read post]
17 Feb 2011, 1:00 pm by Adam Thierer
In coming days and weeks, I’ll be expanding upon some of these themes in follow-up essays. [read post]
17 Feb 2011, 9:52 am by Steve Bainbridge
Indeed, based on my review of the admittedly conflicting evidence, I come away doubting whether the percentage of independent directors on a board makes any difference at all to corporate performance. [read post]
17 Feb 2011, 6:28 am by William Carleton
Someday we'll have a similar grounding for the normative in social media, but not anytime soon. [read post]
16 Feb 2011, 10:16 am by azatty
I wanted to come here and study, and I’m thrilled to become a United States citizen. [read post]
16 Feb 2011, 6:31 am by Beth Hanson
” Annis’ consulting company helps organizations overcome the “sameness” factor—the factor that causes employees to take on the characteristics of the ‘norm’—to achieve diversity. [read post]
16 Feb 2011, 12:00 am
The communities must come out and report such incidents to the police and relevant authorities. [read post]
15 Feb 2011, 12:16 pm by Elie Mystal
But maybe they could also be attributed to the fact that it was 2009 and everybody was getting [potentially harassing reference to lovemaking] with their [potentially male-normative reference to an article of clothing] on.The year 2009 was rough on a lot of people. [read post]
15 Feb 2011, 6:44 am by Brad Wendel
  By the "ethical" analysis here I mean both in terms of the law governing lawyers (what Greenwald calls the letter of lawyers' obligations) and more general normative considerations (the spirit of these obligations). [read post]
15 Feb 2011, 4:06 am by Andrew Frisch
 Although the DOL, filed an Amicus Brief, explaining that the type of work performed by the PSRs did not come within the “outside sales” exemption, because the PSR’s did not perform any sales, the Ninth Circuit disagreed. [read post]
14 Feb 2011, 3:26 pm by Daniel Shaviro
Treasury market altogether & an inability of the U.S. government to roll over debt that is coming due … or to fund current activities…. [read post]
14 Feb 2011, 1:02 pm by Adam Thierer
They want to collectivize (or politicize) decisions that some of us believe are ultimately better addressed by voluntary, spontaneous, bottom-up, marketplace responses and evolving social norms. [read post]
14 Feb 2011, 12:23 pm by Rebecca Tushnet
That money has to come from somewhere. [read post]
14 Feb 2011, 8:58 am by Guest Blogger
Put differently, continued price competition would have meant that the payments would come substantially off the producers’ hide—the intended result of liability litigation, one would think, but not one that was likely to procure the industry’s consent or, for that matter, to ensure its ability to pay. [read post]
12 Feb 2011, 2:51 pm
Via the Kauffman Foundation's Tim Kane comes today's Chart of the Day on real GDP per capita. [read post]
12 Feb 2011, 7:07 am by Rebecca Tushnet
Negligence model would be best because of our uncertainty about who should be internalizing and who externalizing (who has the most control over the situation, in tort—the person blasting or controlling dangerous animals); when you come to activities with positives and negatives, like driving, we use negligence. [read post]
11 Feb 2011, 12:01 pm by Rebecca Tushnet
This is normatively attractive but descriptively false. [read post]