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11 Jun 2018, 10:35 am
But despite its reference to the Endorsement Guides and its recitation of the general parameters of American Humane’s certification program, the FTC passed on the issue of whether or not the program resulted in a certification that “conveyed any express or implied representation that would be deceptive if made directly by the advertiser. [read post]
22 Sep 2011, 3:30 pm
One man’s expression of his desires deprives another of his freedom. [read post]
25 May 2022, 4:42 am
The video appeal is consistent with numerous reports from Ukrainian and Western sources that proxy forces are largely forcibly mobilized, poorly trained, and suffering from declining morale, but is notable due to the willingness of the DNR servicemen to publicly express their discontent. [read post]
26 Jun 2023, 9:01 pm
To the extent that security and cleanup costs may be assessed for expressive activities, the would-be speakers are entitled to know beforehand just how unfree their speech is going to be. [read post]
20 Mar 2008, 10:29 am
We've already discussed at length why we think that, in preemption cases arising by direct operation of the Supremacy Clause - those involving actual conflict - as opposed to preemption by statutory construction (express preemption) or preemption by implication (field preemption), there shouldn't be any presumption one way or the other, and the scope of preemption should simply be decided by the scope of the conflict. [read post]
22 Oct 2022, 3:35 am
Editor’s Note: One of the most accurate and detailed sources for ongoing updates on the Ukraine crisis is the Ukraine Conflict Update from the Institute for the Study of War. [read post]
26 May 2009, 5:34 pm
Accordingly, we conclude that to the extent the current California statutory provisions limit marriage to opposite-sex couples, these statutes are unconstitutional. 47, n. 27: If a comprehensive domestic partnership law had not been enacted in California, and if plaintiffs had brought a constitutional challenge to the California marriage statutes and our court had concluded that those statutes were unconstitutional because they did not afford same-sex couples… [read post]
1 May 2022, 4:30 pm
Musk has vaguely floated a real-name policy, which Jeffrey Kosseff, an associate professor of cybersecurity at the U.S. [read post]
6 May 2022, 11:05 am
And a quick review of U.S. trademark office records reveals that Viacom obtained rights in a broad array of TMNT marks after a highly-publicized purchase from the Mirage Group in 2009. [read post]
28 Jul 2023, 3:35 pm
For socialists/communists the movement’s direction is determined by a dialectal law of history that carries us to the inevitable. [read post]
21 Apr 2011, 1:36 pm
Id. at 1344.Mosley accepted that plaintiffs, having fled from product liability, “did not argue that the defendants’ product caused them harm, but rather that their dissemination of false and misleading information, which they knew would be relied upon by the generic manufacturers in generating their own labels, was a direct and proximate cause of plaintiffs' injuries. [read post]
10 Mar 2020, 10:20 am
The express reference to victims is new to this draft. [read post]
22 Mar 2019, 12:17 pm
In their March 14, 2019 letter, Congressman Scott and Congresswoman Wilson expressed “concern” about reports that the NLRB planned to outsource “review of public comments” to a private contractor the and demanded the NRLB respond to their demand for information and documents. [read post]
3 Aug 2012, 10:00 am
Trial counsel expanded the embrace of tort law with a refereed steadiness, expressed so concisely by the former Dean of the Harvard Law School, the celebrated Roscoe Pound, who wrote: “The common law must be stable but it cannot stand still. [read post]
25 Jun 2009, 4:36 am
Moreover, they are functionally identical to life, in-court testimony doing "precisely what a witness does on direct examination. [read post]
8 Dec 2022, 2:21 pm
Cl. 1 (2022), concerned an Army solicitation for “role player and direct support to field and situational training exercises in all ARSOF courses” for the U.S. [read post]
4 Jun 2008, 7:58 am
United States, 461 U.S. 574 (1983). [read post]
13 May 2024, 7:36 am
As recognized by our court of appeals, however, “claims are not preempted if they fall outside the scope of [Section] 301(a)’s express preemption and are not otherwise in conflict with the Act. [read post]
6 Oct 2011, 5:04 am
As John Keane pointed out remarkably presciently at the start of the 1990s: Historically, the proponents of ‘liberty of the press’ directed their criticisms mainly against the state regulation of market-based communications media. [read post]
15 Oct 2020, 9:01 pm
As readers of this series will no doubt recall, in 2012 the Supreme Court in National Federation of Independent Business (NFIB) v. [read post]
