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13 Jul 2015, 8:49 am by David Miller
Jun. 25, 2015), the court explained that the decision is unreviewable because section 701(a)(2) of the Administrative Procedure Act excludes agency action from judicial review if the agency action is committed to agency discretion by law. [read post]
1 Jul 2015, 7:44 pm by Howard Knopf
Indeed, its recent judicial review notice re the Provincial Tariff was filed by in-house counsel.This is yet another indication of the changing economics of Copyright Board work and the apparent possibility that some large firms representing some large collectives and objector associations have made or allowed these cases to become so complex and expensive that “big law” may have priced itself out of this once very lucrative market.So – the Board seems poised to proceed as… [read post]
29 Jun 2015, 12:54 pm by WOLFGANG DEMINO
Jun. 26, 2015)BAD APPLE IMMUNITY  The big news last Friday from the judicial front was the legalization of same-sex marriage as a matter of constitutional right by the U.S. [read post]
29 Jun 2015, 12:54 pm by Wolfgang Demino
Jun. 26, 2015)BAD APPLE PROTECTIONISM   The big news last Friday from the judicial front was the legalization of same-sex marriage as a matter of constitutional right by the U.S. [read post]
28 Jun 2015, 10:34 am by Jason Shinn
For an insightful summary of the opinion, see Lyle Denniston, Opinion analysis: Marriage now open to same-sex couples, which appears at SCOTUSblog (Jun. 26, 2015). [read post]
25 Jun 2015, 7:39 am by Jon Gelman
(c) Given that the text is ambiguous, the Court must look to the broader structure of the Act to determine whether one of Section 36B’s “permissible meanings produces a substantive effect that is compatible with the rest of the law. [read post]
24 Jun 2015, 5:02 am by Jon Gelman
The NJ Supreme will review the ethical propriety of the actions of a defense law firm whose attorney instructed a paralegal to "friend" the adverse party on Facebook for discovery purposes without disclosing the paralegal's relationship with the defense firm.A-62-14  John J. [read post]
23 Jun 2015, 2:20 pm
It might well constitute a state law requirement that is expressly preempted by § 360k(a). [read post]
20 Jun 2015, 6:10 am by D Daniel Sokol
Teaching Antitrust Effectively Spencer Weber Waller, Jun 12, 2015 Teaching Merger Law Through In-Class Simulations I am convinced that there are effective ways to introduce more simulations, role playing, active learning, and a greater air of reality to teaching antitrust... [read post]
18 Jun 2015, 12:25 pm by Rebecca Tushnet
  “The law draws no distinction between original and unoriginal ideas. [read post]
16 Jun 2015, 1:11 pm by Lawrence B. Ebert
Massie said larger companies are not dissuaded from ripping off ideas, because the law weakens a judge’s ability to freeze the company’s ability to ship products once they are caught. [read post]
13 Jun 2015, 10:07 am by Daily Record Staff
Administrative law — Employment suspension — Arbitrary and capricious Ying-Jun Chen worked for the Department of Health and Mental Hygiene (the “Department”) until late fall of 2011, when he was suspended for ten days based on his low productivity and other problems, then suspended for an additional fifteen days after he responded inappropriately to the ... [read post]
11 Jun 2015, 5:27 pm
That lawyer was Scott Hendler at the law firm Hendler Lyons Flores, in Austin, Texas. [read post]
11 Jun 2015, 7:35 am by Rebecca Tushnet
Jun. 4, 2015) Current and former student athletes who played NCAA football or basketball sued college conferences, networks, and licensors for violating their rights of publicity and foreclosing them from the market for their rights of publicity. [read post]