Search for: "Doe VI"
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24 May 2019, 2:00 am
According to the majority, Hall’s determination that the States maintained sovereign immunity vis-à-vis each other in the same way that foreign nations misinterpreted the historical record as well as the constitutional design created by the Framers. [read post]
24 May 2019, 1:48 am
Regarding IP, the May 2018 draft does not take a firm position, and it even leaves open the possibility of a complete exclusion. [read post]
23 May 2019, 7:19 am
If the judgment has not been satisfied prior to the lien’s expiration, the party must re-record the lien prior to the expiration of the lien’s initial 10-year life, so as to ensure the party does not lose priority vis-à-vis any subsequent lien holders. [1] But, note that Florida’s Constitution provides broad protections for homestead property, which includes a bar against judgment liens attaching to one’s homestead. [read post]
23 May 2019, 7:08 am
” But application of the obstruction statutes to many and probably most of the events the report describes in Volume II does raise serious separation of powers questions. [read post]
23 May 2019, 4:00 am
" Although §27 does not define the term "salary," the Appellate Division noted that in Bransten v State of New York, 30 NY3d 434 the Court of Appeals, considering the State Constitution's Judicial Compensation Clause, Article VI, §25[a], and held that the state's employer contributions toward a justice's health insurance coverage "is not part of [his or her] judicial salary" nor considered "a permanent remuneration for expenses… [read post]
23 May 2019, 4:00 am
" Although §27 does not define the term "salary," the Appellate Division noted that in Bransten v State of New York, 30 NY3d 434 the Court of Appeals, considering the State Constitution's Judicial Compensation Clause, Article VI, §25[a], and held that the state's employer contributions toward a justice's health insurance coverage "is not part of [his or her] judicial salary" nor considered "a permanent remuneration for expenses… [read post]
22 May 2019, 5:57 am
Does this fall under the meaning of R2P? [read post]
21 May 2019, 11:57 pm
This is Judge Koh's summary of Qualcomm's anticompetitive conduct vis-à-vis Apple:"In sum, Qualcomm engaged in anticompetitive conduct with respect to Apple by (1) refusing to sell Apple modem chips or even share sample chips until Apple signed a license; (2) eliminating a competing standard supported by Intel; (3) attempting to require Apple to cross-license its entire patent portfolio to Qualcomm; and (4) and using Qualcomm’s monopoly power to enter… [read post]
21 May 2019, 5:15 am
” But what, exactly, does this requirement entail? [read post]
21 May 2019, 3:53 am
In this case, naming the “person unknown driving vehicle registration number…. who collided with vehicle registration… on 26 May 2013” does not identify anyone. [read post]
20 May 2019, 4:57 am
Key Statutes and Precedent United States Constitution, Amendment VI (In all criminal prosecutions the defendant shall be entitled to have the assistance of counsel for his or her defense.) [read post]
15 May 2019, 7:29 am
vi) Did any of the defendants induce a third party to breach its agreement with Invista? [read post]
14 May 2019, 7:24 am
When the Department of Labor, whether USDOL or a state agency, issues an Opinion Letter on a certain topic/issue or follows a consistent course of conduct vis-à-vis a particular employer, that employer is allowed to rely on that letter or administrative practice or enforcement policy. [read post]
13 May 2019, 2:32 pm
This arrangement has the disadvantage that it immediately puts the doctor in a ‘superior’ position vis-à-vis the patient; but does enable the doctor easily to take notes if he wishes to do so. [read post]
8 May 2019, 1:29 pm
[vi] See Askew v. [read post]
8 May 2019, 8:20 am
On the other hand, the Court could find that sex stereotyping of transgendered employees is covered under Title VII vis-à-vis the well-entrenched Price Waterhouse precedent. [read post]
6 May 2019, 12:05 pm
In Santos, the government filed a short brief saying that the conviction in question “does not qualify as a violent felony under the [ACCA]” (at least not on the theory the government used below). [read post]
6 May 2019, 4:56 am
The Code does not define the term “aggrieved party. [read post]
2 May 2019, 8:44 am
Huawei, with its HiSilicon chipset division, is in a very strong position vis-à-vis Qualcomm. [read post]
2 May 2019, 4:35 am
Section 12A(a)(vi) provides that: (a) In addition to uses specifically authorized, fair use in respect of a work or the performance of that work, for purposes such as the following, does not infringe copyright in that work: (vi) Preservation of and access to the collections of libraries, archives and museums… The Bill proposes a Section 19C - General exceptions regarding protection of copyright work for libraries, archives, museums and galleries. [read post]
