Hoban Law Group

APRIL 13, 2021

Recent developments have made it even more attractive — for example, the basis for the argument of unconstitutionality of §280E has recently and ably been outlined by the judiciary in three dissenting opinions to a 2019 Tax Court decision (For a summary, see: [link] ). It is not a DIY.

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Drafting Statute Government Court Decisions 105

LawTechnologyToday

AUGUST 17, 2022

Lawyers are using data analytics and predictive coding to review documents, draft contracts and to determine the outcome of court decisions. This project evolved from a case study about the Theranos hoax that I drafted for my course the Fundamentals of Innovation. The second project is the ethics of innovation.

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Legal Legal Technology Education 81

Patently O

JANUARY 4, 2022

I have a new draft article on the Kessler Doctrine co-authored with my former student Homayoon Rafatijo and welcome comments and suggestions before it is formally published later this month. Kessler is a 1907 Supreme Court decision that we argue should be seen as simply implementing defensive issue preclusion.

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Drafting Court Decisions Laws Court 61

At the Lectern

MAY 5, 2022

Supreme Court draft opinion in a pending, exceptionally high-profile case has me considering leaks from California’s high court. Neither involved the disclosure of a draft opinion’s full text, just the bottom line of an impending decision. The extraordinary publication of a U.S. I can think of two.

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Court Drafting Statute Court Decisions 56

Broadcast Law Blog

OCTOBER 9, 2022

FCC , which rejected the requirement that broadcast licensees independently check two federal databases to verify whether an airtime lessee is a “foreign governmental entity” (see our Broadcast Law Blog article on the Court’s decision here ). The draft Order would extend the temporary freeze on applications in the 12.7

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Drafting Construction Government Calendaring 59

At the Lectern

MAY 16, 2023

Topics included her service on the Supreme Court and her post-court decision to do some work for an alternative dispute resolution firm. Supreme Court ethics issues — the lavish gifts to Justice Clarence Thomas and the leak of a draft of the Dobbs opinion. She also talked about U.S.

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Constitutional Law Reporter

MARCH 20, 2025

Supreme Court held that alleging commingling of funds alone cannot satisfy the commercial nexus requirement of the expropriation exception of the Foreign Sovereign Immunities Act of 1976 (FSIA). The Courts decision was unanimous. Supreme Courts Decision The Supreme Court disagreed.

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Court Decisions Court Government Drafting 52

Paralegal Bootcamp

JULY 24, 2023

Paralegals play an indispensable role in the legal process, handling things such as document review and analysis, legal research, drafting pleadings, and managing case files. Legal research skills Legal research skills are essential for finding and analyzing laws, regulations, and court decisions pertinent to the case you’re working on.

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Paralegals Paralegal Litigation Litigating 130

SCOTUSBlog

APRIL 16, 2021

They further claim that subsequent statutes, federal agencies and appeals court decisions have all already recognized the corporations as entities eligible for federal contracting under the ISDA. Chehalis underscores one of the many ironies in the history of Indigenous peoples and federal Indian law.

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Government Contract Statute Education 122

Conflict of Laws

SEPTEMBER 14, 2023

In two prior posts ( here and here ), I discussed a draft of the FSIL (English translation here ). In this post I analyze the final version of the law, noting some of its key provision and identifying changes from the draft, some of which address issues that I had identified. This provision also follows the U.N. but not to “rulings.”

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Conflict of Laws

FEBRUARY 17, 2021

Judgments Convention: Revised Draft Explanatory Report”, HCCH Prel.-Doc. A Critical Overview of the Hague Preliminary Draft on Judgments”, Yearbook of Private International Law 17 (2015/2016), pp 1-31. Garcimartín Alférez, Francisco; Saumier, Geneviève. 1 of December 2018 (available here ). Nygh, Peter; Pocar, Fausto. Bonomi, Andrea.

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Drafting Laws Litigation Litigating 52

Patently O

NOVEMBER 9, 2021

Judge Markey also wrote a dissent that foreshadowed the eventual Supreme Court decision. After losing before the CCPA, the government then petitioned for Supreme Court review in the name of Marshall Dann, who was President Nixon’s Commissioner of Patents. Rather, the court found the claims obvious.

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Court Court Decisions Technology Depositions 75

Patently O

NOVEMBER 15, 2023

If you’d like to jump ahead to the draft paper itself, here’s a link: [link]. A Historically High Affirmance Rate Our examination of the Federal Circuit’s body of case law on § 101 revealed that from the Federal Circuit’s perspective, the district courts and the PTO are getting the right result nearly every time, boasting an overall 87.2%

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Drafting Court Laws Litigation 75

LawSites

APRIL 19, 2022

I built a document automation app online to help people fight their tickets for free using a recent court decision that had come down in Manhattan. There were two other court decisions from just outside of the city that were persuasive as well. It was document automation. Read it here.

Law Firm 52

Law Firm Law Firms Lawyer Lawyers 52

Conflict of Laws

JANUARY 11, 2022

Judgments Convention: Revised Draft Explanatory Report”, HCCH Prel.-Doc. A Critical Overview of the Hague Preliminary Draft on Judgments”, Yearbook of Private International Law 17 (2015/2016), pp 1-31. Garcimartín Alférez, Francisco; Saumier, Geneviève. 1 of December 2018 (available here ). Nygh, Peter; Pocar, Fausto. Bonomi, Andrea.

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Drafting Laws Litigation Litigating 52

Conflict of Laws

NOVEMBER 23, 2021

Judgments Convention: Revised Draft Explanatory Report”, HCCH Prel.-Doc. A Critical Overview of the Hague Preliminary Draft on Judgments”, Yearbook of Private International Law 17 (2015/2016), pp 1-31. Garcimartín Alférez, Francisco; Saumier, Geneviève. 1 of December 2018 (available here ). Nygh, Peter; Pocar, Fausto. Bonomi, Andrea.

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Drafting Laws Litigation Litigating 52

Conflict of Laws

APRIL 20, 2022

Judgments Convention: Revised Draft Explanatory Report”, HCCH Prel.-Doc. A Critical Overview of the Hague Preliminary Draft on Judgments”, Yearbook of Private International Law 17 (2015/2016), pp 1-31. Implementing the Hague Judgments Convention”, New York University Law Review 97 (2022), forthcoming (Draft available here ).

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Drafting Laws Litigation Litigating 52

Conflict of Laws

FEBRUARY 16, 2022

Judgments Convention: Revised Draft Explanatory Report”, HCCH Prel.-Doc. A Critical Overview of the Hague Preliminary Draft on Judgments”, Yearbook of Private International Law 17 (2015/2016), pp 1-31. Garcimartín Alférez, Francisco; Saumier, Geneviève. 1 of December 2018 (available here ). Nygh, Peter; Pocar, Fausto. Bonomi, Andrea.

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Drafting Laws Litigation Litigating 52

Conflict of Laws

DECEMBER 7, 2021

Judgments Convention: Revised Draft Explanatory Report”, HCCH Prel.-Doc. A Critical Overview of the Hague Preliminary Draft on Judgments”, Yearbook of Private International Law 17 (2015/2016), pp 1-31. Garcimartín Alférez, Francisco; Saumier, Geneviève. 1 of December 2018 (available here ). Nygh, Peter; Pocar, Fausto. Bonomi, Andrea.

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Drafting Laws Litigation Litigating 52

SCOTUSBlog

APRIL 27, 2022

It’s a little surprising the court let stand a federal court decision invalidating a state statute on constitutional grounds, but animal-rights groups defending that decision argued persuasively that state statutes are in a state of flux and it would be premature for the justices to take up the case now.

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Statute Stare Decisis Court Drafting 98

Patently O

JULY 24, 2023

by Dennis Crouch The Federal Circuit recently affirmed a district court decision in United Therapeutics Corp. Liquidia Technologies, Inc., providing guidance on enablement, written description, and claim construction for method claims. The case involved patents covering treating pulmonary hypertension with treprostinil.

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Construction Technology Drafting Court Decisions 40

FDA Law Blog

APRIL 19, 2021

FDA , the Court of Appeals ruled that FDA cannot regulate a medical product – in this case, the radiographic contrast agent barium sulfate – as a drug when the product meets the definition of a device. The decision has wide-ranging implications for FDA’s assertion of discretion in classifying and regulating medical products.

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Court Manufacturing Statute Technology 40

Conflict of Laws

SEPTEMBER 4, 2023

This article deals with a recent ruling by the Higher Regional Court of Cologne, which marks yet another missed opportunity to clarify whether the Erbschein qualifies as a court decision capable of recognition in foreign jurisdictions. grCCP was beyond the “mission statement” of the drafting Committee.1

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Procedural Law Court Legal Legal 69

Conflict of Laws

APRIL 26, 2023

These two provisions, already highly controversial in the drafting process, have been criticised as ill-suited to a voluntary process and likely to provoke ancillary dispute. What is largely missing from the scholarly contributions is that no one has worked out a principled solution to overcome this conundrum.

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Laws Legal Assistant Legal Assistance Contract 40

Conflict of Laws

JUNE 21, 2021

Following Professor Zhao’s presentation, Mr Alexander Blumrosen, Partner at Polaris Law (Paris), provided a historical account of the use of the Evidence Convention in the United States and the significance of the landmark Supreme Court decision Aérospatiale.

Contract 52

Contract Technology Legal Legal 52

MyCase

SEPTEMBER 25, 2023

Primary Sources: Primary legal sources are formal documents issued by a state or federal government that establish law such as: Court decisions Case law Statutes Regulations Constitutions Secondary Sources : Secondary sources provide summaries of legal matters and court decisions.

Legal Research 52

Legal Research Legal Legal Case Management 52

Conflict of Laws

JUNE 7, 2022

The HCCH scaled back the Judgments Project to focus work on the 2005 Convention on Choice of Court Agreements and the 2019 Convention on the Recognition and Enforcement of Foreign Judgments. The aim of this article is to explore the issue of how the proposed convention shall address conflicts of jurisdiction in international litigation.

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Laws Tort Drafting Litigation 40

Conflict of Laws

AUGUST 23, 2023

The monograph predominantly examines 19 Indonesian court decisions on choice of law in international commercial contracts during the period, 2000-2020. It was especially fascinating to me to discover here that the Indonesian language is usually a legal requirement for drafting contracts involving Indonesians.

Contract 52

Contract Laws Civil Law Procedural Law 52

Conflict of Laws

AUGUST 31, 2022

Judgments Convention: Revised Draft Explanatory Report”, HCCH Prel.-Doc. A Critical Overview of the Hague Preliminary Draft on Judgments”, Yearbook of Private International Law 17 (2015/2016), pp 1-31. Implementing the Hague Judgments Convention”, New York University Law Review 97 (2022), forthcoming (Draft available here ).

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Drafting Laws Litigation Litigating 40

Conflict of Laws

JUNE 21, 2022

Judgments Convention: Revised Draft Explanatory Report”, HCCH Prel.-Doc. A Critical Overview of the Hague Preliminary Draft on Judgments”, Yearbook of Private International Law 17 (2015/2016), pp 1-31. Implementing the Hague Judgments Convention”, New York University Law Review 97 (2022), forthcoming (Draft available here ).

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Conflict of Laws

SEPTEMBER 28, 2022

Judgments Convention: Revised Draft Explanatory Report”, HCCH Prel.-Doc. A Critical Overview of the Hague Preliminary Draft on Judgments”, Yearbook of Private International Law 17 (2015/2016), pp 1-31. Implementing the Hague Judgments Convention”, New York University Law Review 97 (2022), forthcoming (Draft available here ).

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Drafting Laws Litigation Litigating 40

Conflict of Laws

APRIL 1, 2025

Marshall critically examined the UK Supreme Court decision in UniCredit Bank v RusChemAlliance, demonstrating how the choice of law matters affect the international jurisdiction of English courts.

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Laws Family Law Legal Legal 45

Conflict of Laws

MAY 6, 2024

We would also like to thank Professor Beligh Elbalti for his critical comments on the draft blogpost. This may have provoked policy reasons from the Court that would have been very useful in developing the law as it relates business and human rights issues, and protection of employees in cross-border matters.

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Court Laws Statute Litigation 69

FDA Law Blog

APRIL 23, 2021

So, the obvious question to many readers is how does this Supreme Court decision implicate FDA? In other words, can FDA, through the Department of Justice (DOJ), request that a court impose monetary sanctions against a person who violates the Federal Food, Drug, and Cosmetic Act (FDC Act) in light of the AMG decision?

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Court Statute Punitive Damages Government 40

Conflict of Laws

JULY 26, 2023

However, a significant difference to the current situation will arise with regard to how strictly courts will continue to follow precedent on the interpretation of the “assimilated law”. Many thanks to Professor Andrew Dickinson for his comments on an earlier draft.

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Laws Court Legal Legal 40

Conflict of Laws

NOVEMBER 17, 2021

This article has been verbatim transplanted into the most recent draft of revised Arbitration Law which has been published for public consultation since late July 2021. With all that said, a few institutions have set up a special system called “pre-decision notification”?????? Comments.

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Legal Legal Court Laws 40

ClimateChange-ClimateLaw

OCTOBER 18, 2022

The inaction related to the defendants’ failure to set adequate climate protection goals in relevant strategic documents, draft relevant legislation (as the Czech Republic does not have a framework climate act), or, in the case of the government, coordinate and control the activities of ministries and other central government bodies.

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