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31 Mar 2024, 6:00 am
The essential fact is that "risk" means in some cases a quantity susceptible of measurement, while at other times it is something distinctly not of this character; and there are far-reaching and crucial differences in the bearings of the phenomenon depending on which of the two is really present and operating. ... [read post]
30 Mar 2024, 12:11 am
The doctrine of forum non conveniens, however, is only a discretionary power and can only be invoked if the defendant is able to prove that the current proceedings would be vexatious or oppressive to them and the foreign forum is “clearly or distinctly more appropriate than the Indian courts” (clarified by the Indian Supreme Court in Mayar (HK) Ltd. v. [read post]
29 Mar 2024, 5:01 am
Thus, the lack of a distinctly similar historical regulation, though (again) no doubt relevant, may not be reliably dispositive in Second Amendment challenges to laws addressing modern concerns. [read post]
28 Mar 2024, 3:30 am
” I distinctly recall how the entire audience attending in the ballroom was blown away by Roberta’s thoughtful words that day. [read post]
27 Mar 2024, 3:39 pm
Unanticipated Rivals to State and Federal Power The signers of the Declaration of Independence could count the number of “distinctly American” corporations on one hand plus a thumb.[18] Just six such corporations existed prior to 1776.[19] This number did not explode prior to the ratification of the Constitution.[20] The Framers had no need to regard existing corporations as threats to the sovereignty of the people nor control by the government. [read post]
19 Mar 2024, 9:31 am
Federal question jurisdiction is anchored in the principle that issues requiring a uniform federal rule to protect distinctly federal interests, including those involving international relations, fall within the purview of federal common law. [read post]
19 Mar 2024, 3:10 am
I can distinctly recall this phenomenon back in the 1990s, when it seemed that every company wanted to claim some connection to the nascent Internet, and more recently we observed the frenzy when terms like “crypto” and “ESG” became the buzzwords du jour. [read post]
18 Mar 2024, 4:10 am
One interesting thing for me about this whole situation is that I can distinctly remember the days when the US Court of Appeals for the District of Columbia Circuit was the court that often determined the outcome of challenges to SEC rules. [read post]
12 Mar 2024, 3:10 am
There is no question that virtually every job will eventually be affected by AI. [read post]
6 Mar 2024, 4:05 pm
As I argue, this framing assumes a sharp conceptual distinction between law and justice that treats law as devoid of intrinsic value and, perhaps more importantly, transforms justice from a distinctly legal virtue into an unbounded political ideal. [read post]
6 Mar 2024, 4:05 am
Williams, (D OR, filed 3/4/2024), contends that the rule violates its Free Exercise and Free Expression rights, saying in part:Because it emphasizes one-to-one mentoring and creating authentic, trusting relationships, 71Five Ministries depends on its staff and volunteers to fulfill the ministry’s distinctly Christian mission and purpose....Defendants cannot disqualify otherwise eligible religious organizations from participation in otherwise available government benefit programs,… [read post]
5 Mar 2024, 1:33 pm
” An April release now appears distinctly within the realm of possibility since DOL sent the rule to OMB for Office of Information and Regulatory Affairs (“OIRA”) review late last week. [read post]
28 Feb 2024, 1:55 pm
Because, among other things, the trial judge below was the one who decided the petition for resentencing, and I'm confident that he very distinctly recalls the facts of this extraordinarily high profile case.Nonetheless, to me, this smacks of "We all know you're guilty, so let's just dispense with the trial. [read post]
21 Feb 2024, 7:40 am
On one end, even a distinctly in-the-world subculture (like, say, grunge) can be reduced to a vibe packet of anodyne references (cigarettes, grimy things); on the other, a mere mood tone can be elevated to something offered as lifestyle (there are girls who enjoy the color red and a certain Euro effortlessness, and they are called Tomato Girls, while others who prefer white are called Vanilla Girls). [read post]
20 Feb 2024, 12:59 am
Such agreements can dictate the distribution of assets upon divorce, distinctly outlining what each party may be entitled to. [read post]
15 Feb 2024, 6:30 am
For the Balkinization symposium on Robert Post, The Taft Court: Making Law for a Divided Nation, 1921–1930 (Cambridge University Press, 2024).Stephen Breyer Robert Post has written a magisterial account of the Supreme Court during the near decade (1921 to 1930) when former President, William Howard Taft, served as Chief Justice. [read post]
9 Feb 2024, 3:30 am
Another role requiring distinctly human traits that AI, in its current form, has been unable to replicate, is nursing. [read post]
8 Feb 2024, 7:53 am
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on February 6, 2024. [read post]
6 Feb 2024, 6:50 am
Today, this distinctly American law is the… The post History of the False Claims Act appeared first on TZ Legal - Fraud Fighters. [read post]
4 Feb 2024, 10:30 pm
The aim of this blog post is to provide such an analysis with one caveat: Rather than analysing the Hungarian law under all potentially relevant provisions of EU law – such as the Market Freedoms which were relied on in the lexNGO and lexCEU cases – this blog post distinctly focuses on Treaty provisions that give concrete expression to the principle of democracy. [read post]
