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14 May 2024, 9:52 am by Neil H. Buchanan
  Moreover, he thinks (or says he thinks) that the full weight of law enforcement has already been brought to bear against him, which means that he loses nothing by antagonizing everyone involved in the trial. [read post]
14 May 2024, 9:17 am
 In the contemporary understanding of sexual assault cases involving “acquaintance rape,” it is often relevant and necessary to introduce testimony of other survivors who experienced the same behavior to rebut the defense that the sex was consensual — or, quoting from an earlier opinion by the Court of Appeals involving a Molineux analysis, a “repetition, duplication and similarity of defendant’s acts” that has “a direct bearing on the question… [read post]
14 May 2024, 7:36 am by Matthew Conroy
But the finding could portend a positive trend for healthcare providers that bears watching. [read post]
14 May 2024, 3:00 am by Yosi Yahoudai
Rather than taking a test, teachers observe them playing in the classroom — doing puzzles, coloring, building blocks, caring for a teddy bear — and asks their families to offer their own feedback. [read post]
14 May 2024, 2:56 am by Laura
The couple may have chosen to enter into a pre-nuptial agreement, which would have a bearing on how the financial assets are divided, though is not determinative unless certain conditions were met at the time of entering the agreement. [read post]
13 May 2024, 8:48 pm by AccelerateEditor
Various parties — including the truck driver, trucking company, maintenance personnel, and even manufacturers — may bear responsibility. [read post]
13 May 2024, 3:42 pm
”  (…) It once again “bears emphasis that §10(b) and Rule 10b–5(b) do not create an affirmative duty to disclose any and all material information.Disclosure is required under these provisions only when necessary ‘to make . . . statements made, in the light of the circumstances under which they were made, not misleading. [read post]
13 May 2024, 3:37 pm by Guest Author
But given how critics of the current administration’s regulatory policies have exaggerated previous Supreme Court decisions to suit their ends, these points bear repeating. [read post]
13 May 2024, 11:27 am by Berry Law
This means the rating can range from 10% to 40%, depending on factors like: Pain: Constant pain, especially impacting walking or weight-bearing activities, can significantly impact a rating. [read post]
13 May 2024, 10:10 am by Amy Howe
Because the Supreme Court has already recognized that a defendant has a right to be present during voir dire, she wrote, “it seems to me self-evident that a defendant’s presence for the first court appearance of prospective jurors assembled specifically for his case likewise bears on ‘the fulness of his opportunity to defend against the charge. [read post]
13 May 2024, 6:41 am by Dan Bressler
Lucian Pera writes on: “The Madness of the Lawyer Fee-Sharing Ban” — “To begin to test that premise, consider with me this question: Does today’s law on what is, and is not, prohibited as fee-sharing with nonlawyers make sense? [read post]
13 May 2024, 6:00 am by patrickdaniellaw
Instead of a drunk driver bearing all of the responsibility—and therefore all of the liability—for accidents caused by their intoxication, this statute made it possible for other parties to bear some or all of the responsibility. [read post]
13 May 2024, 4:05 am by Howard Friedman
The acquittals had therefore been “excessive” and “not necessary in a democratic society”, leading to a violation of Article 8 read in conjunction with Article 14.In its opinion, the Court quoted findings of the International Commission on the Holocaust in Romania which concluded in part:Of all the allies of Nazi Germany, Romania bears the responsibility for the greatest contribution to the extermination of the Jews, outside of Germany itself.The Court's… [read post]
13 May 2024, 3:58 am by SHG
If the right to keep and bear arms exists, then it’s hard to fault Fortson for exercising a fundamental constitutional right. [read post]
12 May 2024, 9:05 pm by Daniel E. Walters
New text-as-data methods make many empirical claims about law more testable than they have ever been, and it is imperative that scholars and practitioners bring these approaches to bear on the incentives-based arguments that sometimes drive major changes in the law. [read post]
12 May 2024, 9:03 pm by News Desk
The Food and Drug Administration sends warning letters to entities under its jurisdiction as part of its enforcement activities. [read post]
12 May 2024, 6:49 pm by Steve Gottlieb
I could talk about the 2024 election – almost everything I have to say bears on the 2024 election and there will be plenty more – what’s new? [read post]