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2 Nov 2022, 2:17 pm by Patricia Hughes
Most relevant for the purposes of this post, section 13(1) provides, “Pursuant to subsection 33 (1) of the Canadian Charter of Rights and Freedoms, this Act is declared to operate notwithstanding sections 2, 7 and 15 of the Canadian Charter of Rights and Freedoms. [read post]
2 Nov 2022, 6:41 am by Schwartzapfel Lawyers P.C.
If a medical professional does not provide adequate patient care, they could risk their patient’s health. [read post]
31 Oct 2022, 11:02 am by Eugene Volokh
" The identified general exceptions are: (1) where "a would-be Doe who reasonably fears that coming out of the shadows will cause him unusually severe harm (either physical or psychological)"; (2) where "identifying the would-be Doe would harm 'innocent non-parties'"; (3) where "anonymity is necessary to forestall a chilling effect on future litigants who may be similarly situated"; and (4) where the suit is "bound… [read post]
31 Oct 2022, 5:51 am by David Bernstein
Harvard and UNC classify students based on five racial categories: (1) Asian; (2) Native Hawaiian or Pacific Islander; (3) Hispanic; (4) White; (5) African American; and (6) Native American, says Bernstein's brief. [read post]
30 Oct 2022, 11:24 am
  It is one that would be most unpalatable to many of us who have devoted great efforts to rationalize human right legalities within the process of economic production globally (though why it still does not extend to all collective human activity, and why it is centered on the human rather than on sustainability remain core issues lurking on the sidelines). [read post]
30 Oct 2022, 10:01 am by jonathanturley
That still does not negate the negligence — both direct and vicarious liability. [read post]
28 Oct 2022, 4:00 am by Michael C. Dorf
Because Article II, Section 2, expressly grants the Senate, when acting with a 2/3 majority, to give its advice and consent to treaties made by the president. [read post]
27 Oct 2022, 4:48 pm by David Friedman
  John Locke famously argued that humans acquire ownership over land by mixing their labor with it, clearing the jungle or digging out the boulders, provided that there is as much and as good unowned land left for others, but that solution raises a number of problems. [read post]
  Examples of Legal Fees for Long Term Disability Settlements Example 1 John retains my firm with a 25% retainer agreement. [read post]
26 Oct 2022, 4:00 am by Guest Author
These claims include the notion that it is somehow unconstitutional for Congress to limit, however reasonably and modestly, the ability of presidents (1) to remove any member of the executive branch for any reason and (2) to influence and control all federal criminal prosecutions, including of themselves and of their closest aides and political allies. [read post]
25 Oct 2022, 3:11 am
JHO Intellectual Property Holdings LLC, 2022 USPQ2d 770 (TTAB 2022) [TTABlogged here]], by applying a four-part test in determining a "false connection" claim under Section 2(a): 1. [read post]
24 Oct 2022, 2:21 pm by David Klein
Recent lawsuits now allege that plaintiffs are unaware that their conversations with these bots are: 1) not with actual human beings; and 2) being recorded. [read post]
24 Oct 2022, 11:30 am by Dennis Crouch
  The defendant made the classic defensive argument that the prior art is so similar to the accused product that either (1) the patent is invalid [if broadly interpreted] or (2) the patent is not infringed [if narrowly interpreted]. [read post]
23 Oct 2022, 7:37 pm by Bill Henderson
John Schmid, “Whyte Hirschboeck names Eberle chief executive,” Milwaukee Journal Sentinal, Oct 14, 2009. [read post]
23 Oct 2022, 7:03 pm by Guest Author
The Federal Trade Commission appears on a collision course with the Supreme Court. [read post]
21 Oct 2022, 6:30 am by Guest Blogger
If it is instead an equality guarantee—as John Harrison has argued, and as I have argued in my recent book—then the argument also does not work. [read post]