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3 Aug 2022, 12:26 am by Steve Lubet
The most likely explanation for the divergence between how Jews interpreted what Kothari said and how Pillay does so would be such good faith disagreement. [read post]
2 Aug 2022, 7:49 pm by Mark Summerfield
  Applicants rarely request hearings to appeal rejections by a patent examiner, and when they do it is usually because they genuinely believe that the examiner has got it wrong, and that the additional effort and expense is justified by good prospects of a better outcome when the matter is considered by an experienced hearing officer. [read post]
2 Aug 2022, 9:40 am by Catherine Reach
” or a small business asks “do you have my articles of incorporation” most firms want to be helpful, but the matter is literally out of their hands. [read post]
2 Aug 2022, 7:14 am by John Jascob
The plaintiff merely argued that no independent fiduciaries would in good faith perpetuate a dual-class structure, an ipse dixit that did not persuade the court. [read post]
2 Aug 2022, 6:30 am by Guest Blogger
Those elements motivate core differences in the Court’s interpretive debates over fundamental privileges versus promises, textualism versus purposivism, status quo-preserving originalism vs. rights-promoting pragmatism.[4] I aim to explore those elements with an eye to the plurality of opinions that emerge from shared legal texts, now that stare decisis is in question as a way to settle them and now that interpretations of history and tradition matter a lot toward the same end. [read post]
2 Aug 2022, 5:01 am by Eugene Volokh
In the words of the Restatement of Employment Law, which urges private employee speech protections as a common-law matter, "There is a public interest in employees' personal autonomy because it is critical to engagement in civic life. [read post]
2 Aug 2022, 5:00 am by Jack Becker
So imagine convincing people to consume a UBNI Shake every day (no matter how nutritious). [read post]
2 Aug 2022, 4:18 am by INFORRM
Whilst it is laudable that Dominic Raab should exercise a single-minded determination to ‘protect those who speak out in the public good’ not seen since his single-minded determination to silence those who spoke out in the public good about him a decade ago, his approach to SLAPPs is a questionable use of executive power. [read post]
2 Aug 2022, 3:59 am by Tian Lu
 This case demonstrates that the non-Chinese verbal elements in a sign also matter: using one that is phonetically identical to a deceptive Chinese expression will not avoid being caught and rejected from trade mark registration. [read post]
2 Aug 2022, 3:58 am by Dan Harris
That May 4 post made clear that no matter what happens in the US-China trade war, things will NOT revert back to the way they had been for foreign companies: The above is but an introduction to what we see as China’s diminished future for foreign companies. [read post]
1 Aug 2022, 9:05 pm by David Skeel
“But out of the common denominator of the decision-making machinery, some sort of consensus of mind is emerging, by compulsion as it were, which for good or ill is acting surprisingly like a collective soul. [read post]
1 Aug 2022, 10:28 am by Philip Segal
But investing in companies with good ESG scores is a matter of sorting through more than 160 different, competing standards for what makes a high ESG score – what Bloomberg calls “a foundational yet unregulated piece” of a multi-trillion dollar business. [read post]
1 Aug 2022, 6:30 am by Guest Blogger
Good will, good faith, and good sense are not always in place to protect societies against such extreme social fragmentation. [read post]
1 Aug 2022, 5:23 am by SHG
What matters is that we can’t tell. [read post]