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7 Feb 2024, 9:01 pm
The addition of the policy statement is driven in part by the OCC’s determination that the Comptroller’s Licensing Manual does not adequately describe “all of the OCC’s considerations regarding the BMA statutory factors and its related processes such as considerations for holding public meetings. [read post]
6 Feb 2024, 4:11 pm
The judgment helpfully walks through the existing case law, including in particular the Court of Appeal decision in Evans v Cig Mon Cymru [2008] 1 WLR 2675, on when an amendment falls to be considered under CPR 17.4 rather than CPR 17.1 ([46]-[52]). [read post]
6 Feb 2024, 5:22 am
Then, I argue that the geographical nexus requirement, in fact, is extremely difficult to defend in terms of the lex lata, legal policy, literature or practice.[1] This piece does not, however, discuss in detail the obligations in fact owed to Protected Persons in situations or territories once the geographic nexus requirement is rejected. [read post]
5 Feb 2024, 7:05 am
What Does This Mean for the Court? [read post]
3 Feb 2024, 9:52 am
§ 1, cl. 1, likewise vests the executive Power in “the President of the United States of America. [read post]
1 Feb 2024, 12:45 pm
Socrates viewed philosophy as beginning in wonder,[1] but Socrates and his philosophic heirs recognized that philosophy does not get down to business until it starts to clarify the terms of discussion. [read post]
31 Jan 2024, 9:01 pm
Moab Partners LP,[1] a closely followed case that ought to address whether a purported failure to make a disclosure required under Item 303 of U.S. [read post]
31 Jan 2024, 12:30 pm
"Maternal Health Outcomes in the Context of Fragility: A Retrospective Study from Lebanon," Conflict and Health, 17:59 (Dec. 2023)- Authors (11) = Lebanon (9, incl. lead), United Arab Emirates (1), Spain (1)- APC = USD 2990"No Choice but Welcoming Refugees: The Non-Refoulement Principle as Customary International Law in Indonesia," Lentera Hukum, 10:1 (2023)- Authors (3) = Indonesia (2, incl. lead), Hungary (1)- APC = IDR 3,000,000"On the… [read post]
31 Jan 2024, 6:22 am
Cargill this term, the Court has been asked to decide the narrow question of whether a bump stock device is a “machinegun” as defined in the National Firearms Act.[1] However, embedded within the case is an issue that raises broad administrative law questions about how the rule of lenity interacts with agencies’ interpretations of statutes with criminal implications. [read post]
30 Jan 2024, 9:02 pm
The upshot: so long as a defendant says what the SEC wants to hear (or says nothing at all), he does not violate the No-Admit-No-Deny Provision. [read post]
30 Jan 2024, 11:11 am
On August 1, 2023, this Court notified Attorney Lee that the late-filed brief was defective, and set a deadline of August 9, 2023, by which to cure the defect and resubmit the brief. [read post]
29 Jan 2024, 8:41 am
Santa Clara County Bd. of Supervisors (2010) 48 Cal.4th 32, 50 (“Green Foothills”); Pub. [read post]
29 Jan 2024, 8:09 am
However, it does make an argument about the framers' intent. [read post]
27 Jan 2024, 2:29 pm
"1. [read post]
25 Jan 2024, 6:18 pm
App. 431, 431-32 (1972) (same); State v. [read post]
25 Jan 2024, 10:53 am
CUI, per 32 C.F.R. [read post]
23 Jan 2024, 4:33 pm
In its judgment, the CJEU takes the view that the mere fact that a personal data breach occurred does not mean that the Agency did not implement appropriate technical and organizational measures to comply with Articles 24 and 32 of the GDPR. [read post]
The GDPR as a cyber risk management system: the ECJ cautiously tackles data breaches in the NAP case
22 Jan 2024, 10:30 pm
To preserve the effectiveness of Art 82(1), it is the controller who bears the burden of proving the appropriateness of TOMs in light of the security principle enshrined in Art 5(1)(f) and the rules of general application contained in Arts 24(1) and 32(1) at stake in actions for damages (paras 50-52). [read post]
22 Jan 2024, 9:01 pm
During his tenure, the Commission adopted a very significant and impactful regulation — rule 146 under the Securities Act of 1933 (the “Securities Act”).[1] If rule 146 does not ring a bell, do not worry. [read post]
22 Jan 2024, 8:24 pm
"And ye shall know the truth, and the truth shall make you free"(John 8:32 (KJV). [read post]