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29 Mar 2017, 3:32 am by Andy
It is arguable that this has happened to the extent that some cases like FAPL v Murphy, or the Meltwater trilogy, have resulted in good precedents made by the UK courts, albeit backed up by CJEU referrals. [read post]
25 Sep 2015, 9:31 am by Rebecca Tushnet
 Distinguish notice of existence v. notice of scope. [read post]
27 Jul 2014, 9:03 am by Schachtman
Over 20 years ago, in 1993, the United States Supreme Court handed down its Daubert decision. [read post]
23 Oct 2017, 4:22 pm by Kevin LaCroix
The board implemented those recommendations.[16] The Court agreed with the board’s stated reasons for demand refusal, namely that commencing a suit would impair Wyndham’s ability to defend against the FTC suit. [read post]
23 Oct 2017, 4:22 pm by Kevin LaCroix
The board implemented those recommendations.[16] The Court agreed with the board’s stated reasons for demand refusal, namely that commencing a suit would impair Wyndham’s ability to defend against the FTC suit. [read post]
25 May 2010, 8:32 pm by Carter Ruml
(emphasis added) KYEstates hasn’t read such a lyrical judicial summation of a key truth of T&E law since Judge Mark Holmes paid homage to Jane Austen in his whimsical, wonderful opening sentence in Hurford v. [read post]
25 May 2010, 8:32 pm by Carter Ruml
(emphasis added) KYEstates hasn’t read such a lyrical judicial summation of a key truth of T&E law since Judge Mark Holmes paid homage to Jane Austen in his whimsical, wonderful opening sentence in Hurford v. [read post]
27 Aug 2024, 6:22 am by Eugene Volokh
And litigation of course deploys the coercive power of the state, even as it also accomplishes private goals. [read post]
27 Oct 2021, 9:01 pm by Neil H. Buchanan
The people who have enjoyed the free ride provided by the realization requirement are, however, unsurprisingly annoyed by the possibility that they might have to pay taxes like the little people do, so they are starting to complain.Even so, an excellent explainer in Tuesday’s New York Times ends with this: The problem may be in the Constitution, which gives Congress broad powers to impose taxes, but says “direct taxes”—a term without clear definition—should be… [read post]
27 Oct 2021, 9:01 pm by Neil H. Buchanan
The people who have enjoyed the free ride provided by the realization requirement are, however, unsurprisingly annoyed by the possibility that they might have to pay taxes like the little people do, so they are starting to complain.Even so, an excellent explainer in Tuesday’s New York Times ends with this: The problem may be in the Constitution, which gives Congress broad powers to impose taxes, but says “direct taxes”—a term without clear definition—should be… [read post]