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7 Oct 2021, 4:00 am by Administrator
” Nonetheless, the court overturned the acquittal on doctrinal grounds, finding the defence of duress was not available to Doucet. [read post]
6 Oct 2021, 9:13 pm by Josh Blackman
Moreover, litigants likewise conflate causes of action grounded in law with equitable causes of action. [read post]
6 Oct 2021, 10:09 am by Lee E. Berlik
The court held that unless it could be clearly discerned on the papers that the information in question constitutes a trade secret and that the plaintiff was entitled to recovery under VUTSA, the court should not dismiss alternative theories of relief on grounds of preemption. [read post]
6 Oct 2021, 10:00 am
 To repeat- the book breaks no new ground, The writing is weak. [read post]
6 Oct 2021, 5:01 am by Dan Farber
This is the third in a series of posts about my new book, Contested Ground: How to Understand the Limits of Presidential Power. [read post]
5 Oct 2021, 4:47 pm by INFORRM
   Reliance was placed on the CJEU decision in the case of Unabhängiges Landeszentrum für Datenschutz Schleswig-Holstein v Wirtschaftsakademie Schleswig-Holstein GmbH (C ‑ 210/16, EU: C: 2018: 388 ) [98]. [read post]
5 Oct 2021, 2:24 pm by Eugene Volokh
" It established the following requirements to plead such a constitutional claim: "[T]o state a direct constitutional claim grounded in this unique right under the North Carolina Constitution, a public employee must show that no other state law remedy is available and plead facts establishing three elements: (1) a clear, established rule or policy existed regarding the employment promotional process that furthered a legitimate governmental interest; (2) the employer violated that… [read post]
5 Oct 2021, 1:30 pm by Timothy Straus
The conference will also highlight local perspectives and experiences for a grounded understanding of Vancouver’s dynamic urban legal context. [read post]
5 Oct 2021, 4:58 am by Dan Farber
This is the second post in this series based on my new book, Contested Ground: How to Understand the Limits on Executive Power. [read post]
Among other grounds for appeal, the patent owner took the position that the lower-instance court had interpreted the claims of its patent incorrectly and thereby violated article 69 EPC and article 51(3) of the Swiss Patent Act, respectively. [read post]
4 Oct 2021, 12:56 pm by Emily Dai
The discussion will be moderated by Kenneth R. [read post]
4 Oct 2021, 10:58 am by Rebecca Tushnet
  The PTO’s attention to failure to function as a mark is likely to intensify, in part because some of the former grounds for denying a registration are now unconstitutional. [read post]
4 Oct 2021, 9:37 am by Eugene Volokh
[Joshua Gray was denied a Maine private investigator license on the ground that his past posts erred in criticizing a Maine State Police lieutenant; we’ve filed an amicus brief supporting the petition asking the Supreme Court to review the matter.] [read post]
4 Oct 2021, 9:00 am by Dan Farber
My new book, Contested Ground, tries to explore these issues while sidestepping ideological divides as much as possible. [read post]
4 Oct 2021, 7:49 am by Keith E. Whittington
As the AAUP notes: The doorway opened by the new language is a wide one: if any institution of higher education can dismiss any faculty members without affordance of due process for unspecified reasons—as long as those reasons are not among the listed grounds for dismissal—then the system of tenure and the academic freedom it is designated to protect are severely compromised, as are the appointment security and academic freedom of non-tenured faculty members. [read post]