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24 Jul 2024, 1:00 am by Michael S. Porter
In a medical malpractice claim, negligence occurs when a healthcare professional's wrongful action or inaction causes harm to a patient. [read post]
24 Jul 2024, 12:00 am
Thus, the criminal intoxication assault charge does not alone establish civil liability. [read post]
24 Jul 2024, 12:00 am
Assault does not necessarily involve physical contact but can sometimes mean the threat or attempt to cause harm to another person. [read post]
23 Jul 2024, 11:23 pm by Trane Robinson
”  Because the “Constitution does not speak directly to this evolving issue in our society,” he added, the States may decide. [read post]
23 Jul 2024, 9:06 pm by Amy Swearer
The decision does not bode well for the agency’s ongoing defense of other recent and similarly expansive administrative reinterpretations of federal gun regulations. [read post]
23 Jul 2024, 9:05 pm by Andrew Willinger
The Cargill majority disagreed and determined that “a semiautomatic rifle will fire only one shot each time the shooter engages the trigger—with or without a bump stock”—and that a bump stock does not “automate” the firing process. [read post]
23 Jul 2024, 9:05 pm by Bob Barr
” Second, a bump stock-equipped rifle does not fire “automatically,” because “the shooter must do more than simply engage the trigger one time. [read post]
23 Jul 2024, 9:01 pm by renholding
It should be noted that the definition of voluntary carbon offsets under A.B. 1305 does not appear to cover RECs of any type (whether or not issued by a governmental agency or under a voluntary power purchase agreement such as so- called “unbundled” RECs on the retail market) so it is unclear if this language meaningfully changes the scope of the law. [read post]
23 Jul 2024, 9:00 pm by Vikram David Amar
Though Jaworski’s brief does lay out the statutory basis for his appointment, and the Nixon Court indeed seems to borrow from the Jaworski brief’s structure in the crucial passage above, President Nixon’s brief does not bring up that issue. [read post]
23 Jul 2024, 4:12 pm by Rick Hasen
Most campaign finance lawyers… Continue reading The post Trump Campaign Complaint About Harris Using Biden-Harris Campaign Funds Is Unlikely to Get Anywhere at the FEC or In Court, and If It Does It Will Likely Take Years appeared first on Election Law Blog. [read post]
23 Jul 2024, 3:14 pm by Guest Author
This two-part test functions like the Chevron two-step: so long as the interpretation does not openly contradict statutory text or legislative intent, courts are extremely deferential to the agency interpretation. [read post]
23 Jul 2024, 2:51 pm by centerforartlaw
Additionally, copyright protection does not cover ideas, concepts, or unrecorded designs.[6] Duration: In the United States, copyright protection lasts for the life of the creator plus 70 years.[7] For works made for hire or anonymous/pseudonymous works, the duration is 95 years from publication or 120 years from creation, whichever is shorter.[8] As an example, a detailed floral pattern engraved on a bracelet can be copyrighted, protecting it from being copied or used without permission. [read post]
23 Jul 2024, 2:51 pm by Christopher J. Walker
In Corner Post, the Court held the statute of limitations for challenging an agency rule under the Administrative Procedure Act does not begin to run until a plaintiff is “injured” by the rule. [read post]
23 Jul 2024, 2:36 pm by Lynn L. Bergeson
Department of Energy’s (DOE) Bioenergy Technologies Office’s (BETO’s) Feedstock-Conversion Interface Consortium (FCIC) intends to issue in September 2024 an Industrial Partnership Call (IPC) to allow collaboration between industry stakeholders and FCIC researchers. [read post]
23 Jul 2024, 2:36 pm by Lynn L. Bergeson
Department of Energy’s (DOE) Bioenergy Technologies Office’s (BETO’s) Feedstock-Conversion Interface Consortium (FCIC) intends to issue in September 2024 an Industrial Partnership Call (IPC) to allow collaboration between industry stakeholders and FCIC researchers. [read post]