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And these powers must be used consistent with the dormant Commerce Clause, a doctrine that restricts state actions that impose too heavy a burden on interstate commerce. [read post]
16 Mar 2020, 6:43 am by Kevin Kaufman
Although lawmakers intend to tax large out-of-state businesses, much of the tax burden would be borne by Maryland-based businesses and Maryland consumers. [read post]
[iv] The explicit reference to Article IV of the WTO Agreement[v], Article XXIV of GATS[vi]  and Article VI:4 of GATS in the recitals to the Decision on Domestic Regulation makes clear the mandate of the CTS – to formulate the necessary disciplines on domestic regulation. [read post]
(v)   Like many other US FTAs, the US-China trade deal establishes that there should be ‘criminal procedures and penalties’ available for ‘theft, fraud, physical or electronic intrusion and unauthorized or improper use of a computer system’ for trade secret misappropriation (Art. 1.8). [read post]
2 Dec 2019, 8:19 am by Marco D'Ostuni
In particular, to maintain a fair proportion with 5G spectrum auction prices, license renewal fees should reflect the specific features of the WiMax license renewals, in terms of: (i) actual band quantity; (ii) smaller geographic coverage; (iii) shorter duration; (iv) differences in market potential; and (v) absence of further renewal rights. [read post]
24 Oct 2018, 9:45 pm by Andrew Hudson
A series of cases sought to clarify the defence in s123, for the benefit of brand owners, the most definitive of which was Paul’s Retail Pty Ltd v Lonsdale Australia Limited [2012] FCAFC 130. [read post]
11 Aug 2014, 7:44 am by Ronald Collins
Question:  In what may well be an unprecedented event in Supreme Court history, in his McCutcheon v. [read post]
16 Mar 2020, 10:09 am by Susanna Villani (University of Bologna)
As for the notion of ‘territory’, it was recalled that it may include geographical areas which, although under the jurisdiction or responsibility of a different State, have a separate and distinct status under international law (Court of Justice, Council v. [read post]
19 Mar 2019, 7:24 am by Katherine Kelley
Just under three years ago, Benjamin Wittes, Cody Poplin, Clara Spera and Quinta Jurecic published a Brookings Institution report on sextortion—a relatively new form of cybercrime in which a perpetrator extorts victims by threatening to disseminate sexually explicit content involving the victim, usually obtained through hacking, online manipulation or trickery. [read post]
29 Jun 2020, 2:41 am by Irene Marchioro (University of Bologna)
As a consequence, courts were urged to develop the notion of frustration of the contract, which allows for termination of an agreement when the circumstances are “in a fundamental respect different from those which were envisaged”.6)In the definition of Davis Contractos Ltd. v. [read post]
12 Nov 2019, 11:08 am by Gordon Ahl
” The conference will feature several events including a live recording of The Lawfare Podcast with Benjamin Wittes, Senator Mark Warner (D. [read post]
The rights of third-country nationals migrating to the EU have largely been constructed under the terms of Part Three, Title V, Chapter 3 TFEU, particularly arts 78-79 thereof. [read post]
7 Apr 2010, 3:44 pm by admin
The following is a summary review of articles from all over the nation concerning environmental law settlements, decisions, regulatory actions and lawsuits filed during the past week. [read post]