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Legal Commentary

LawPundit

Covers Constitutional and Intellectual Property (copyrights, patents, trademarks) Law, Information Technology, Telecommunications, Internet and New Media, and business-related legal issues from a American and European perspective. Sports (especially college football), Lifestyle (especially the wine business), and Ancient History (especially Legal History)-- all from a broadly defined legal and evidentiary point of view-- round out the picture.
By Andis Kaulins

Post Frequency: 5.6/day

Last Entry: October 15, 2020 at 17:20:01

Reforming the Judicial System in France: Sarkozy?s "Anglo-Saxon" Legal Reforms Run Into Obstacles

Posted on July 06, 2010
Matthew Saltmarsh at the New York Times in Sarkozy?s Legal Reforms Run Into Obstacles writes inter alia from Paris:"President Nicolas Sarkozy started his five-year term in 2007 with far-reaching plans to shake up France?s judicial system, a system built on codes laid down about 200 years ago...

Rebalancing the World Economy: China Signals a Gradual Appreciation of its Currency, the Renminbi, viz. Yuan - NYTimes.com

Posted on July 04, 2010
We are a bit late on this but the following is an essential element in rebalancing the world economy. The big news is that China Signals a Gradual Appreciation of Currency (the renminbi, viz. "yuan") - NYTimes.com.See also Renminbi (Yuan)

Supremes Limit Securities Claims in US Courts by Foreign Buyers of Foreign Company Securities (?F-cubed? lawsuits)

Posted on July 04, 2010
See the Paul Weiss memorandum on ?F-cubed? lawsuits and the U.S. SCOTUS decision in Morrison v. National Australia Bank Ltd. (561 U. S. ____ (2010), slip opinion) at Supreme Court Limits Availability of United States Courts to Securities Law Claims Brought by Foreign Purchasers of Securities of Foreign Companies .

Binge flying and binge flyers? Britain Curbing Airport Growth to Aid Climate - NYTimes.com

Posted on July 04, 2010
Binge flyers?The concept of "binge flying" is a new one, seemingly putting the onus on your average low-cost air traveler.Britain Curbing Airport Growth to Aid Climate - NYTimes.comMaybe one should evaluate the percentage of airplanes in the air that are accountable to unnecessary business travel which could be conducted online via the newest networking technologies.

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US Legal History : New Previously Unpublished Materials re James Madison, by Law Prof Mary Sarah Bilder of Boston College, at Law and History Review

Posted on July 03, 2010
Cambridge Journals - Press release Release Date: 06/23/2010 Country of Issue: New York, NY, USA Law student Madison rediscovered through lost law notes The unearthing of law notes made by a young James Madison sheds new light on the shaping of the mind of the great man...

CongressDaily - Kagan's Punch Lines Put A Charge In Confirmation Hearing

Posted on July 03, 2010
CongressDaily - Kagan's Punch Lines Put A Charge In Confirmation Hearing

Bilski patent ruling will increase costs of doing business, says expert | Pinsent Masons LLP

Posted on July 03, 2010
Bilski patent ruling will increase costs of doing business, says expert | Pinsent Masons LLP

Christian Legal Society Case Ends in Bizarre 5-4 U.S. Supreme Court Decision upholding "All Comers" Association Membership Requirement as Constitutional

Posted on July 03, 2010
The bizarre Christian Legal Society case against Hastings Law School ("the CLS Case") -- about which we already posted twice before at LawPundit (see the links below) -- ended at the U.S. Supreme Court as bizarrely as it started with a legally horrendous clearly wrong 5-4 decision on a fundamental Constitutional doctrine about which there should actually be no legitimate dispute...

The Confirmation Process: Is this the Judiciary Committee We Deserve? � Above the Law: A Legal Tabloid - News, Gossip, and Colorful Commentary on Law Firms and the Legal Profession

Posted on July 02, 2010
The Confirmation Process: Is this the Judiciary Committee We Deserve? � Above the Law: A Legal Tabloid - News, Gossip, and Colorful Commentary on Law Firms and the Legal Profession

The Volokh Conspiracy � Goldsmith Gives It to the Judiciary Committee

Posted on July 02, 2010
The Volokh Conspiracy � Goldsmith Gives It to the Judiciary Committee

The United States Supreme Court Passes the Buck in the Bilski Patent Case : Business Methods are Patentable : Abstract Ideas are Unpatentable

Posted on July 02, 2010
The long awaited U.S. Supreme Court (SCOTUS) patent law decision in Bilski v. Kappos, 561 U. S. ____ (slip opinion, 2010), was issued last week. Much ado about nothing? Did the Supremes merely pass the buck in this decision? In the wake of the Supreme Court decision in Bilski -- which denies the Bilski patent as being too abstract, the New York Times reports that "the patent application from Mr...

Anadarko Petroleum Blames BP's Actions for Oil Spill - WSJ.com

Posted on June 20, 2010
Anadarko Petroleum Blames BP's Actions for Oil Spill - WSJ.com

BP Relied on Cheaper Wells - WSJ.com

Posted on June 19, 2010
BP Relied on Cheaper Wells - WSJ.com

A Visual History of the Supreme Court of the United States | timeplots.com

Posted on June 19, 2010
A Visual History of the Supreme Court of the United States | timeplots.com

Bilski and the Wait

Posted on June 18, 2010
SeeAnd the Wait Continues... Bilski... Wait Continues... Bilski... | IPWatchdog.com | Patents & Patent Lawfor the newest information.Our question is.... According to September 2, 2009, info Justice Stevens hired only one clerk, rather than the customary four...

Is the Rule of Law in the United States a Mirage?

Posted on June 17, 2010
Ashby Jones at the Wall Street Journal Law Blog in Does the ?Rule of Law? Even Exist in the U.S. Anymore? comments on an observation in USA Today by George Washington law professor Jonathan Turley that the rule of law is no longer determinant, only politics is.

Mendeley Research Cloud Offers Premium Packages Now

Posted on June 17, 2010
As noted by Steve O'Hear at TechCrunch, Mendeley, the-Last.fm-of-research, rolls out premium packages to steady customer nerves.

Kagan Supreme Court Nomination Backed by Law School Deans in Letter to Senate Judiciary Committee

Posted on June 17, 2010
Birds of a feather flock together. We do not mean that negatively. It is just the way it is. So we read at The Caucas Blog at the New York Times that Law School Deans Back Kagan Nomination (a story originally posted by Julie Hirschfield Davis of the AP at Law school deals endorse Kagan for Supreme Court...

Supreme Court Justice Clarence Thomas Inspires Nebraska Leaders - Huskers.com - Nebraska Athletics Official Web Site

Posted on June 16, 2010
Supreme Court Justice Clarence Thomas Inspires Nebraska Leaders - Huskers.com - Nebraska Athletics Official Web Site

Judge Can't Remember Ever Having a Bad Experience with Libraries or a Librarian

Posted on June 16, 2010
Wisconsin Dodge County Circuit Court Judge Steven Bauer gives libraries and librarians a superior rating at WisBlawg - From the UW Law Library: Are All Librarians "Good Librarians"?

Supreme Court Saves Best for Last - Washington Wire - WSJ

Posted on June 16, 2010
Supreme Court Saves Best for Last - Washington Wire - WSJ

BBC Sport - Football - World Cup 2010: Parreira slams referee's performance

Posted on June 16, 2010
BBC Sport - Football - World Cup 2010: Parreira slams referee's performance

When Judges Fail: FIFA Drops the Ball in South Africa: World Cup Tarnished by Unnecessary Referee Call Against the Home Team in a Game against Uruguay, Ousting the South African Goalkeeper

Posted on June 16, 2010
Stupidity remains the world's most common commodity and today it can be said to be in the hands of FIFA, the body that runs the World Cup, for putting a referee in charge of the match between South Africa and Uruguay who has a history of pulling the red card in key games, and he did it again in the Urus 3-0 win, failing to note an Uru offside position, and instead calling for a Uru penalty kick and ousting the home team goalkeeper, totally unnecessarily...

Migration Flows and Economic Sustainability In The Baltics | afoe | A Fistful of Euros | European Opinion

Posted on June 15, 2010
Migration Flows and Economic Sustainability In The Baltics | afoe | A Fistful of Euros | European Opinion

Time-Stamp Transactions by Super-Accurate Atomic Clocks on GPS Satellites: The Ubiquitous GPS

Posted on June 15, 2010
Are you time-stamping your transactions?Who isn't?How many GPS receivers are there? Over 1 billion.See Ubiquity of GPS at the Los Angeles Times.

The Xerox 914: A Mother of Invention in the Machine Business World

Posted on June 15, 2010
The Xerox 914 photocopier revolutionized the machine business world. See The Atlantic magazine for The Mother of All Invention, written by Edward Tenner.

State Energy Conglomerates Dominate the World of Big Oil : The Conflict between Democratic (Private) Capitalism and State Capitalism

Posted on June 15, 2010
Calling private-sector oil companies "Big Oil" is really a misnomer, since state-owned energy conglomerates now dominate the world markets. David Brooks at the New York Times discusses The Larger Struggle writing: "In the democratic capitalist world we have oil companies, like Exxon Mobil, BP and Royal Dutch Shell, that make money for shareholders...

Kagan and the D.C. Circuit Court of Appeals Nomination 10 Years Ago

Posted on June 15, 2010
See an article at CNN by Bill Mears, CNN Supreme Court Producer, titled Papers show Kagan's effort to get hearing on appeals court nomination, about Kagan's failed D.C. Circuit Court of Appeals nomination ca. 10 years ago.

New European Consumer Credit Law Regulations in the European Union Member States -- Germany as One Case Here -- as of June 11, 2010

Posted on June 14, 2010
As written at The Irish Times in Money management, Member States of European Union (EU) were obligated to transpose the European Directive on Consumer Credit into national law by June 11, 2010 (corrected from an originally published May 12, 2010 here)...

Why is the U.S. Supreme Court Behind Schedule This Term? 24 of 78 Cases Remain to be Decided by the End of June

Posted on June 14, 2010
Still waiting for Bilski? Why is the U.S. Supreme Court so far behind schedule this court term? For possible answers, see Ashby Jones at the WSJ Law Blog in Scotus Roundup: Time Dwindling on Term; Hillary Case Thwarted.

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