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10 May 2024, 6:00 am by Public Employment Law Press
Indeed, even in circumstances where an arbitrator makes errors of law or fact, courts will not assume the role of overseers to conform the award to their sense of justice" (Matter of New York State Correctional Officers & Police Benevolent Assn. v State of New York, 94 NY2d 321, 326 [1999]). [read post]
10 May 2024, 6:00 am by Public Employment Law Press
Indeed, even in circumstances where an arbitrator makes errors of law or fact, courts will not assume the role of overseers to conform the award to their sense of justice" (Matter of New York State Correctional Officers & Police Benevolent Assn. v State of New York, 94 NY2d 321, 326 [1999]). [read post]
16 Mar 2024, 4:04 pm by David Bernstein
Quoting an article by Felix Frankfurter from 1916, and also citing Ernst Freund, Post states that Progressives had repudiated Lochner v. [read post]
15 Mar 2024, 3:17 am by Rob Robinson
Antitrust enforcers from the Department of Justice (DOJ) and the Federal Trade Commission (FTC) are intensifying their scrutiny of algorithm-related collusion, propelled by cases such as RealPage and McKenna Duffy v. [read post]
24 Feb 2024, 1:10 pm by Rebecca Tushnet
Affecting TM law (as set forth in new paper with Mark McKenna, which is excellent). [read post]
24 Feb 2024, 6:30 am by Guest Blogger
Post’s new book, The Taft Court: Making Law for a Divided Nation, 1921-1930, is the latest installment of the Oliver Wendell Holmes Devise History of the Supreme Court of the United States. [read post]
23 Feb 2024, 1:43 pm by Rebecca Tushnet
Mark McKenna: TM is a creature of common-law courts and we don’t live in that world any more. [read post]
18 Feb 2024, 6:30 am by Guest Blogger
Quoting an article by Felix Frankfurter from 1916, and also citing Ernst Freund, Post states that Progressives had repudiated Lochner v. [read post]
16 Feb 2024, 12:13 pm by Rebecca Tushnet
As Mark McKenna has elaborated, there’s a distinct class of acts that constitute unfair competition that we could easily read as part of 43(a). [read post]
3 Aug 2023, 11:05 am by Rebecca Tushnet
NY State created a postmortem right of publicity specifically for computer-generated likenesses; Louisiana did so too. [read post]
1 Jun 2023, 11:25 am by Michael Oykhman
In R v Stone, 1999 CanLII 688 (SCC), [1999] 2 SCR 290, the Supreme Court of Canada defined automatism as “a state of impaired consciousness. [read post]
24 Feb 2023, 4:39 pm by Rebecca Tushnet
McKenna: we can’t really mean that a state of uncertainty is actionable—if we did, “I don’t know whether X makes this” would be actionable/part of the “confused” group. [read post]