By Zak Muscovitch On my recent trip to India for the DomainX conference, I found that the excitement and anticipation among Indians was palpable. India stands on the precipice of becoming the single most powerful force on the Internet. Peering over the shoulder of the USA and China in terms of current volume of…
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In McMillin Albany LLC v. Superior Court, (2018) 4 Cal.5th 241, the California Supreme Court held that homeowners’ (collectively “the Van Tassels”) claims seeking recovery for construction defect damages are subject to the Right to Repair Act (“RRA” or “The Act”, California Civil Code section 895 et seq.), and thus the Van Tassels were required…
The European Union (EU) has been at the forefront of the global push towards digital transformation, adopting a plethora of digital regulations aimed at fostering innovation, ensuring economic growth and competitiveness, and safeguarding fundamental rights. As we move into the next legislative cycle, the EU Council – under the leadership of the Belgian presidency –…
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Many homeowners may have taken second mortgages, including home equity lines of credit, on their homes years ago, and thought that the underlying mortgage debt for such loans was forgiven. Other homeowners may have inherited a home without knowing that there was a second mortgage in place or bought such a home at a foreclosure…
The situation is Western Sahara has already been addressed by numerous authors (here, here and here) and formed the subject of analysis in a plethora of international forums. Nevertheless, almost five decades have elapsed since the International Court of Justice (ICJ) famously stated in its Western Sahara Advisory Opinion that the people of the Territory…
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The Third Circuit Court of Appeals recently had to decide a sensitive and difficult issue: Can you use a false identity to deceive someone when you are selling something by email? After careful deliberation, the court held that under the federal CAN-SPAM Act, such conduct was both criminal and deceitful. Not a big deal. Deceit…
On November 9, 2023, the European Parliament has adopted the final version of the Data Act, marking a significant milestone in the evolving landscape of digital regulation. The Data Act is part of the European Commission’s broader strategy to shape Europe’s digital future (see our earlier posts here and here). The widespread use of internet-connected…
In an earlier post on this blog (here), I commenced my analysis of the recognition of professional qualifications of migrants at work in the EU by describing and reflecting upon those provisions of EU migration and asylum law governing such recognition. In this blog post, I complete my analysis of qualification recognition by describing and…
Read More “Recognition of Professional Qualifications of Migrants at Work in the EU: Part II” »
In a Massachusetts real estate action, a claimant may assert multiple legal grounds to establish their ownership or other rights in a particular parcel of land. In an October 24, 2019 case, the plaintiffs brought an action seeking an adjudication as to their easement rights over two beaches owned by the defendants. Their claims were based…
The Power to Organise an Independence Referendum The Scottish Parliament has had the power to enact primary legislation from the very beginning. Its legislative powers are defined negatively. According to section 29 of Scotland Act 1998, it has residual powers over the legislative competences that are not explicitly allocated to Westminster. The latter include the…
Read More “Towards Another Constitutional Crisis — On Secessions, Constitutions and EU law” »
