Creative ideas are on display all around us—they may include the process that fuels a business’ growth and development, the idea positioning a marketing campaign, a piece of art, or the concept behind a YouTuber’s brand. Creative ideas are also known as intellectual property (IP)—anything intangible that a person creates using their mind that is transformable into tangible things. Literary works, secret formulas, images, procedures, and designs are also forms of IP.
IP can be converted into profitable commercial products, which makes it attractive for theft and misuse by others. The situation is complicated by the rise and pervasiveness of
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Online Business Laws You Need to Know for Your E-Commerce Website
The world of e-commerce has grown exponentially, as buying and selling electronically has become an easy alternative for Americans. By 2023, sales from the online retail industry are expected to reach a whopping 22% of all global retail sales. As the industry is expanding, so too are the internet laws and legal implications surrounding online businesses. This ensures that buyers and sellers are equally protected under the law when a transaction is made.
Important Laws You Need to Know
In the same way that a business with a physical storefront must comply with the laws that govern its jurisdiction, online
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DID THEY (IN THE SHADOWS), OR DIDN'T THEY? Adding to Confusion, U.S. Supreme Court *MAY* Have Discussed Part of AZ Abortion Ban TODAY
UPDATE, 6/29, 4:15pm: DID THEY (IN THE SHADOWS), OR DIDN’T THEY? Adding to Confusion, U.S. Supreme Court *MAY* Have Discussed Part of AZ Abortion Ban TODAYAh, the shadows cast by the shadow docket are long on the penultimate day of the session.Earlier today, Arizona’s Law broke the news that the U.S. Supreme Court Justices were conferencing TODAY on a portion of one of Arizona’s (several) anti-abortion laws. After some odd postings by the Court and further investigation, it is unclear whether the discussion took place.We posted the docket this morning, which includes an entry from earlier in the
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Car Accident While Pregnant? Here’s What to do Next
According to the University of Michigan, there are more than 200,000 pregnant people who are involved in car accidents each year — often with devastating effects. The U.S. National Library of Medicine reports that having a car accident while pregnant is the single biggest contributor to fetal injuries and mortality.
When it comes to car accidents, pregnant people are at a higher risk than the general population. This is because pregnancy itself is a risk factor for injury, and the added stress of a car accident can lead to even more serious fetal issues.
There are a few things that
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Miranda Warnings Are A Right Without A Remedy
Last week’s decision in Vega v. Tekoh did not, on its own, monumentally change the Miranda warnings made famous in pop culture for half a century. Government investigators should still provide the same basic recitation of rights to a suspect…
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Another pending case
Jones v. Hendrix. Petitioner was convicted of being a felon in possession 22 years ago, and took and lost a habeas petition to challenge that. Under legislation limiting habeas relief, he could only take a second petition for specified grounds, including a change in constitutional interpretation.
He brought a second habeas petition, after the Supreme Court ruled in 2019 that, in a felon in possession case, the government must prove that the defendant knew he possessed a gun, and also knew that he’d been convicted of a crime punishable by more than a year’s imprisonment. So is there some
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Another 2A case awaiting cert vote
Whitaker v. DC, that would indirectly pose the remaining issue, permit requirements of “good character” or its equivalent (here, whether he was “suitable” to be issued a permit). Indirectly, since petitioner had a DC carry permit, and it was revoked, then reinstated (posing a big question of mootness).
I suppose all the pending petitions on 2A issues will be GVRed, granted, vacated and remanded–in other words, since NYSRPA altered the playing field, let the circuits reconsider their opinions, apply the new standards, and if anyone has a complaint, file another petition for cert.
UPDATE: Yep, I’d expect the magazine-size
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Bluebooking
A recurring discussion on #AppellateTwitter and #LegalWriting Twitter is the importance (or lack thereof) of proper citation format. A recent post said that time spent learning to cite properly was not time well spent. I don’t take the author of…
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Want to Invest in a Franchise? Read This First
Franchises drive a significant segment of the modern business world, generating more than 40 percent of retail sales (or nearly $1 trillion) in the U.S alone. The right franchise opportunity can provide an ideal entry into business ownership by giving you all the ready-made tools and processes necessary for success. The right franchise can also […]
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Have I Been The Victim of Medical Malpractice?
As I have written on many occasions, if you are the victim of medical malpractice, don’t count on anyone informing you of that fact. Despite the obligation of doctors and hospitals to be honest with their patients, the curtain of silence and secrecy descends when there has been malpractice. In fact, the worse the injury to the patient, the more likely it is that the doctors, nurses and hospital administrators will do all they can to keep the patient in the dark about what happened.
Medical malpractice is frighteningly common. In my experience, you cannot be in a modern hospital
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Arizona’s Sexual Assault Laws
It is important to understand the potential consequences that you are facing if you’ve been arrested or charged with sexual assault in Arizona. State lawmakers do not take sex crimes of any kind lightly. The punishment for sexual assault is severe and generally involves imprisonment. Learning the exact language of Arizona’s sexual assault laws can help you gain a better understanding of your charges and legal options.
What Is Arizona’s Definition of Sexual Assault?
Sexual assault refers to engaging in sexual contact or activity with a person without the individual’s consent. In Arizona, the phrase, “sexual assault” is often used
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Paul Clement hits back at Kirkland & Ellis
The firm didn’t mind representing and getting a fishy plea deal for Jeffrey Epstein, but found NY State Rifle and Pistol Association beneath their standards.
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Future plans
The permit regimes of the repressive states (6-8 of them) keyed on two ambiguous requirements for a permit (1) “good cause” or a variant of that, and (2) “good moral character,” or a variant of that. NYSRPA knocked out (1). They will likely fall back on (2), arguing that “good moral character” means more than just passes a background check. Create as many new requirements as possible (furnish references, police interviews of references, reject for any possible reason, and certain delay, delay, delay).
It’d be wise to have good folks apply promptly for permits, and start setting up a challenge,
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Arguing History
In writing today’s post, it is difficult to overlook the Supreme Court’s predictable rulings on abortion and guns, with a less certain but likely precedent-shattering decision on coach-led public-school prayer. Others will critique the decisions, extrapolate their consequences for issues…
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NYSRPA aftermath: California caves
FPC is announcing that California’s Attorney General has advised that carry permits should be issued without the “good cause” requirement.
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Paul Clement wins SCOTUS case, leaves law firm
He and Erin Murphy are founding their own firm. They had been with Kirkland & Ellis, a very big national firm, but K&E voted that it will “no longer represent clients with respect to matters involving the interpretation of the Second Amendment.” Some big clients, we may guess, sniffed at their 2A clientele.
I guess the firm has to keep up its standards.
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