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1 Feb 2017, 2:01 pm by Howard Knopf
Fair Dealing (1) Did the Board err in its application of the burden of proof? [read post]
5 Aug 2024, 1:40 pm by Bill Marler
These vaccines provide long-term protection against HAV infection.[6] Hepatitis A is the only common vaccine-preventable foodborne disease in the United States.[7] This virus is one of five human hepatitis viruses that primarily infect the human liver and cause human illness.[8] Unlike hepatitis B and C, hepatitis A does not develop into chronic hepatitis or cirrhosis, which are both potentially fatal conditions.[9]Nonetheless, infection with the hepatitis A virus can lead to… [read post]
26 Sep 2013, 6:05 am by Admin
Section 512(c)(1)(A) protects a service provider who: does not have “actual knowledge” of the infringing material or activity using the material;7 in the absence of such knowledge, “is not aware of facts or circumstances from which the infringing activity is apparent,”;8 or upon obtaining such knowledge or awareness, acts expeditiously to remove, or disable access, to the material.9 In addition to the knowledge-based framework above, § 512(c) states… [read post]
27 Jun 2018, 9:14 am by Amy Howe
[Editor’s Note: This post was updated with additional analysis at 1:56 p.m.] [read post]
12 Jul 2017, 4:15 pm by INFORRM
The Constitution does not itself rank the rights and obligations it provides for, nor does it tell us how to divine any hierarchy. [read post]
24 Jul 2012, 3:19 am by David Hart QC
The judge summarised his claim on a freestanding Article 8 claim in [41] On the first issue, I can thus state my conclusions as follows: i) I regard this as a “positive obligation” case, such that the Claimant needs to show a “direct and immediate” link between s.1(3)(b) of the FAA and her family or private life. [read post]
23 Feb 2012, 3:27 pm by ambrose
Recent work suggests, albeit tentatively, that data is becoming less persistent over time; for example, Daniel Gomes and Mario Silva studied the persistence of content between 2006 and 2007 and discovered a rate of only 55% alive after 1 day, 41% after a week, 23% after 100 days, and 15% after a year[7]. [read post]
28 Mar 2023, 9:44 am by James Love
(b) A determination pursuant to this section or section 202(b)(4) 1 shall not be subject to chapter 71 of title 41. [read post]
8 Feb 2017, 3:26 pm
Hannah, supra.The Appellate Division concluded its initial outline of what happened to bring this case, and the issue it presented, before the court:Defendant was charged with aggravated assault, but the charge was downgraded to simple assault, a disorderly persons offense New Jersey Statutes Annotated 2C: 12-1(a)(1) offense. [read post]
28 Nov 2007, 12:31 pm
This court applies Federal Circuit law, rather than regional circuit law, to the issue of Eleventh Amendment waiver The district court in this case found that, like a dismissal under Rule 41(a)(1), a dismissal for improper venue “leaves the situation as if the action had never been filed. [read post]
16 Jun 2022, 6:46 am by Hunton Andrews Kurth LLP
The ADPPA exempts businesses that for the prior three calendar years had (1) annual revenue of less than $41 million; (2) did not collect or process the data of more than 100,000 individuals; and (3) did not derive more than 50% of its revenue from transferring personal information.Both the ADPPA and COPRA impose a duty of loyalty on covered entities; however, the ADPPA appears to be more prescriptive. [read post]