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14 Aug 2011, 9:11 am
., Inc., 509 U.S. 579 (1993). [read post]
8 Sep 2022, 5:55 am
Glock, Inc. (9th Cir. 2009), for example, plaintiffs argued that the gun manufacturers’ marketing practices constituted a public nuisance under California law because such conduct “significantly interferes with the public safety, health or peace. [read post]
25 Apr 2015, 11:03 am
The first edition of the Reference Manual on Scientific Evidence [Manual] was published in 1994, a year after the Supreme Court delivered its opinion in Daubert. [read post]
13 Jan 2023, 6:30 am
For the Balkinization 20th Anniversary SymposiumRichard Fallon Although I have never before written anything for inclusion in a blog, I am pleased by this opportunity to celebrate Balkinizationfor its remarkable contributions over the past twenty years. [read post]
2 Aug 2022, 5:01 am
China recently announced that it had established a yearly interministerial meeting mechanism that [read post]
2 Aug 2022, 5:01 am
China recently announced that it had established a yearly interministerial meeting mechanism that [read post]
20 Jan 2012, 2:00 pm
In response to questions from the Chief Justice and Justice Scalia suggesting that the Court’s decision in Colony, Inc. v. [read post]
3 Jan 2007, 3:59 pm
Affirming Caremark In dicta in Caremark International Inc. [read post]
18 Mar 2011, 9:58 am
Id. at 374 (relying upon and quoting from Merrell Dow Pharms., Inc. v. [read post]
18 Mar 2011, 9:58 am
” Id. at 374 (relying upon and quoting from Merrell Dow Pharms., Inc. v. [read post]
14 Feb 2012, 1:56 pm
Supermarkets, Inc. v. [read post]
4 Mar 2024, 12:47 pm
Pix credit here The majority’s choice of a different path leaves the remaining Justices with a choice of how to respond. [read post]
7 Mar 2011, 7:35 am
Mattel, Inc., 552 U.S. 576 (2008), failed to answer this question. [read post]
27 Sep 2010, 11:00 pm
Unless we crack the Food Inc/Agribusiness problem, all else is noise. [read post]
19 Jul 2010, 3:37 pm
Click Here McWane Inc. [read post]
26 Nov 2018, 10:20 am
Starting in 2002 and continuing for about a decade, 1-800 Contacts systematically locked up many of its online contact lenses retail competitors into settlement agreements that prohibited the parties from bidding on each other’s trademarks at the search engines. [read post]
4 Oct 2019, 4:38 pm
I am grateful to Jack Balkin for organizing this symposium and to the commenters on Rationing the Constitution for their close, careful, and generous engagement with my book. [read post]
1 Feb 2023, 9:01 pm
The Rule 506 safe harbor provides insulation from state blue sky laws and, as I’ve mentioned, from the registration provisions of the federal securities laws. [read post]
12 Aug 2016, 4:49 pm
©, warts and all, arguably provides the most robust mechanism for the most disadvantaged group in American society. [read post]
5 Oct 2017, 5:20 pm
But in the interim, their pooled loans were being pitched as an attractive investment opportunity based on the guaranty provided by non-profit TERI (which insulated the loans from bankruptcy discharge) and the high “spread”, i.e. interest over LIBOR to be paid – in the future, after graduation -- by the borrowers and/or their co-signers. [read post]