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10 Apr 2023, 10:52 am
But there are limits to how pathologically Congress will behave, even under the distinctly unfortunate conditions of 2023.) [read post]
4 Jul 2023, 6:30 am
But constitutional arguments were equally central to the claims of their opponents, including eventually the New Dealers, who argued for distinctly anti-libertarian constitutional visions of our political economy and the power and duties of government. [read post]
7 Aug 2015, 12:00 pm
Copyright Theory III Abraham Bell, Bar Ilan University The Dual-Grant Theory of Fair Use Granted rights are limited in order to avoid unnecessarily exceeding the requirements for incentivizing. [read post]
11 Aug 2021, 6:30 am
American jurists viewed controversies and uncontested cases distinctly, cautioning that courts should play a special, inquisitorial role courts when “there are no hostile parties who can adjust or establish anything by way of stipulation. [read post]
30 Jul 2014, 8:55 pm
Holdings[1(a)] In construing claim terms, the analytical focus must begin and remain centered on the language of the claims themselves, for it is that language that the patentee chose to use to "particularly point out and distinctly claim the subject matter which the patentee regards as his invention. [read post]
12 Nov 2021, 6:30 am
Arguments about the need for mutual and objective “social contracts” between the body politic and newcomers ring distinctly more hollow when it is clear that the system was rigged from the beginning in favor of “white persons” at the expense of persons of African, Native American, Mexican, and other nonwhite descent. [read post]
9 Jan 2025, 10:31 pm
Agreeing with inter alia the ECS, this Kat found that by listing three different artistic practices in Article 5(3)(k) Directive 2001/29/EC (InfoSoc), rather than using synonymous words which all refer to the same practice of imitating certain elements of works, the EU legislature clearly wanted parody, pastiche, and caricature to be treated distinctly, and accordingly, be subject to distinct legal requirements.An ImpressionistKat enjoying the sunsetWhere were we? [read post]
19 Jul 2017, 1:06 pm
No less than in the Soviet Union of the late 1920s, the Cuba of the second decade of the 21st century continues to seek, through centralized planning, to naturalize a distinctly European Marxist collectivization in the “form of State organization of certain economic branches under the dictatorship of the Communist Party” (Ibid., 91). [read post]
23 Jun 2013, 11:47 pm
Student finds himself in a distinctly Davidian position, goliath institutions breathing down on him and one paltry victory under his belt from the trial court’s acknowledgement that he was, for all intents and purposes, in fact domiciled in Vermont.Out comes the appellate sword (snickersnack!) [read post]
28 Jul 2014, 8:42 pm
Thus, “a claim construction analysis must begin and remain centered on the claim language itself, for that is the language the patentee has chosen to particularly point[ ] out and distinctly claim[ ] the subject matter which the patentee regards as his invention. [read post]
25 Feb 2019, 7:13 am
On Wednesday, the Supreme Court will hear argument in American Legion v. [read post]
30 Nov 2022, 6:30 am
I group up in Springfield, Illinois, distinctly on the wrong side of the tracks. [read post]
13 Apr 2018, 1:05 pm
But if you look at 43(a) through that lens—2 distinctly different things actionable—then Belmora is surely wrong as a matter of common law TM infringement but it is really understandable as false advertising, intentional deception of consumers. [read post]
13 Dec 2016, 2:03 pm
These multiple rights and licenses apply separately and distinctly to the song and sound recording.Songs – Musical Compositions In PodcastsA song copyright encompasses the words, music, and the arrangement. [read post]
18 Jul 2013, 10:27 am
So far it’s not an especially happy chapter for those who like the “cooperative” bit, as the states are in fact being distinctly “uncooperative” (see Jessica Bulman-Pozen & Heather Gerken’s important article). [read post]
18 Nov 2013, 12:26 am
And even if the Court were to set aside the presumption entirely, private securities litigation would go on, even if in a distinctly different form. [read post]
22 Jun 2022, 6:25 pm
Tellingly, as I listened I continued to observe two distinctly different driver reactions to the liquid fuel price increases about which so many people are complaining. [read post]
15 Oct 2022, 1:29 am
"pointing to para. 48 of the complaint:"But Apple has taken a distinctly exclusionary approach with NFC technology. [read post]
13 Oct 2014, 9:00 pm
Change resembles experimentalism in that both describe distinctly dynamic processes. [read post]
12 Jun 2018, 12:23 pm
That way lies what came to be called "interest group liberalism," which triumphs especially in the 20th century.When I entered graduate school 56 years ago, it was taken as a simple truth that normative political theory was basically dead, that "everyone" knew it was simply naive to use terms like "public interest" except in reference to a vector sum of bargaining among distinctly factional political interest groups. [read post]
