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Court endorses private Section 1983 enforcement of spending clause enactments

SCOTUSBlog

Section 1983 provides a cause of action against any person acting under color of state law who deprives a person of “rights, privileges, or immunities secured by the Constitution and laws” of the United States. Nothing in FNHRA hints that Section 1983 actions would thwart congressional intent.

Statute 99
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Be Careful Not to Unintentionally Bargain Away the Right to File IPRs

The IP Law Blog

When entering into contracts, parties commonly include forum selection clauses to govern future litigation between the parties. The Court of Appeals for the Federal Circuit has generally recognized that parties can bargain away these rights, including through forum selection clauses in contracts. emphasis added).

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Praxis des Internationalen Privat- und Verfahrensrechts (IPRax) 2/2022: Abstracts

Conflict of Laws

Furthermore, the authors look at areas of law where the EU has made use of its external competence. They discuss both important decisions and pending cases before the CJEU as well as important decisions from German courts pertaining to the subject matter of the article. While the court left the decision between lit. a and lit.