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18 Jan 2024, 8:35 am by Eric Goldman
The venerable IP notice-and-takedown scheme is being replaced by the SAD Scheme, where rightsowners quietly obtain ex parte TROs that target online marketplace accounts. [read post]
16 Jan 2024, 5:45 am by Mark Graber
  His opinion in Ex parte Bollman (1807) asserted, “if a body of men be actually assembled for the purpose of effecting by force a treasonable purpose, all of those who perform any part, however minute or remote from the scene of action, and who are actually leagued in the general conspiracy, are to be considered as traitors. [read post]
15 Jan 2024, 3:29 am by Verena von Bomhard (BomhardIP)
Later events with ex tunc effect (such as the declaration of invalidity of the prior right, or the withdrawal of the opposition) mean that, at hindsight, the decision should not have “existed”, but later events with ex nunc effect (such as revocation or non-renewal or, as in the Brexit cases, loss of eligibility as an opposing right in EUTM proceedings) do not have that result. [read post]
14 Jan 2024, 10:30 pm by Nicholas Franssen
The combination of these two elements would seem to imply that the Court was not willing to accept the full implication of the conclusion of the Advocate General that it is was up to the criminal procedural law of the Member State of the handling EDP to determine whether judicial control is to take place ex ante – i.e., before the investigation measure is carried out in another Member State – or ex post, e.g. during the trial stage of the case. [read post]
12 Jan 2024, 8:43 am by Legal Profession Prof
After a district court judge entered an ex parte order temporarily granting child custody to Perez’s... [read post]
10 Jan 2024, 8:09 am
State court judges are immune.There's an exception to this doctrine: Ex Parte Young. [read post]
9 Jan 2024, 5:36 pm
Pix Credit here In these tumultuous times, one can always appreciate a moment of semiotic comedy, even when, as with much comedy, something more profound lurks beneath the laughter (or the laughter s merely the sign of that profundity missing from the more more dreadfully direct pieties of insights with so much clarity that they strip themselves entirely of meaning). [read post]
5 Jan 2024, 6:06 am by Samuel Issacharoff
In his petition for certiorari, and in particular in Part II of the argument section of the brief, Trump points to, but ultimately shies away from, a disturbing question of constitutional design. [read post]
5 Jan 2024, 3:00 am by Jim Sedor
But judicial ethics at the state level receive scant attention. [read post]
4 Jan 2024, 12:50 pm by Josh Blackman
(We discuss this statute at some length in Part III of our ten-part series.) [read post]
4 Jan 2024, 8:21 am by Alex Phipps
[t]he evidence and timing of these incidents and Defendant’s actions are part of the chain of events that contextualize the crime. [read post]
3 Jan 2024, 1:35 pm by mhpslaw
This part can get a bit technical, so don’t shy away from seeking legal advice to ensure everything is done correctly and by the book. [read post]