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Available as of next week in Recueil des cours: Mario J. A. Oyarzábal, The Influence of Public International Law upon Private International Law in History and Theory and in the Formation and Application of the Law

Conflict of Laws

Starting with the sources stated in the Statute of the International Court of Justice, the author digs into the relevance of other international sources of private international law such as community law, human rights standards and non-legally binding norms (or soft law), party autonomy and reciprocity.

Laws 97
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Fraudulent Incontestability Declarations: Textual Fidelity vs. Fraud Deterrence

Patently O

Stark reversed the TTAB’s cancellation order, finding the statute only permits cancellation for fraudulent acts taken while obtaining the registration , not for establishing incontestability. The company runs restaurants of the same name in the Atlanta area that are described as “upscale” sports bars.

Statute 64
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Has the Battle Just Begun for Collective Action against Big Tech Companies?

Conflict of Laws

Given the power of Big Tech Companies, their enormous financial resources, cross-jurisdictional reach and their global impact on users’ privacy, there are two main litigation challenges for successfully bringing a privacy claim against Big Tech. million) opted into the price-fixing case against JJB Sports concerning replica football shirts.

Tort 75
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Views and News from the 9th Journal of Private International Law Conference 2023 in Singapore

Conflict of Laws

The presentation suggested a more defensible course of action in such a situation: Courts should approve both the clauses and give a choice to the parties to pursue the matter either through litigation or arbitration. Instead, the CAS may accept a sports related dispute if the statutes or regulations designate that it has jurisdiction.

Laws 52
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The Nuclear Option: States Could Take Over College Admissions

JonathanTurley

Long before the opinion was released, universities were already sensing that the use of race in admissions was coming to an end after decades of intense litigation. Some schools raise massive amounts of revenue through sporting programs such as football and basketball. Taxpayers are not a captive audience.

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The Path to Success is Not Always a Straight Line.

InHouseOps

I earned my BA in film, television, and theatre from the University of Notre Dame, then went to Quinnipiac University School of Law thinking I would love litigation; something about being in a courtroom seemed to dovetail nicely with a theatre background. In most organizations, the buck stops with Legal.

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Spooky Torts: The 2021 List of Litigation Horrors

JonathanTurley

See Pennsylvania General Assembly Statute §7102. OUTCOME: Reversed dismissal on the basis of tolling of statute of limitations. He entered through the front door and walked toward the sporting goods department. The obvious issue beyond the alleged negligence of the Park is the plaintiffs’ own conduct. 32; 285 S.W. 455 (1926). “A

Tort 48