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27 Mar 2016, 2:54 pm
The first is an emerging ideology of a non-state system whose organization, at its limits, might parallel that of the state system but which exists beyond it.[10] The second presents as against those two titans, that is of the state and the non-state actor as organizational centers of law systems, a novel edifice, an emerging recognition of self constituting transnational legal orders.[11] This conflict, and its contradictions, are having a profound effect on law, in concept and… [read post]
22 Feb 2016, 12:54 pm
’s targeted killing program, arguing that while the “program is not perfect,” it is “the most precise and effective application of firepower in the history of armed conflict. [read post]
31 Jan 2016, 1:12 am
One may assume arguendo, as I will here, that the child pornography guidelines are excessive for mere possessors; the problem is that, while such a belief might serve to justify a significant below-guidelines sentence, the notion that it justifies zero is preposterous.One thing that struck me about the case was its write-up on SL&P, in which Doug Berman said:I will need to track down and review closely Judge Weinstein's lengthy opinion in this case before I would feel… [read post]
23 Oct 2015, 1:07 pm
Rebecca Tushnet: And now for something different! [read post]
4 Oct 2015, 5:02 pm
Berman. [read post]
27 Sep 2015, 6:21 pm
However, the extent of applicability of the U.S. securities laws to unlisted ADR transactions is one of those interesting questions that has continued to trail along after the U.S. [read post]
26 Sep 2015, 6:41 am
’s joint series, covering the application of IHL by national courts. [read post]
24 Sep 2015, 8:27 am
This added provision will no doubt provide another avenue for employees to challenge the waiver of Berman hearings (administrative hearings before a Deputy Labor Commissioner regarding claims of California Labor Code violations) in arbitration agreements. [read post]
14 Sep 2015, 7:30 am
Finally, the dissent disagreed with the majority’s application of King v. [read post]
8 Sep 2015, 7:53 am
First, as errors go, those identified by Judge Berman in his ruling would have been obvious in advance to any lawyer experienced in arbitration. [read post]
8 Sep 2015, 5:47 am
National Football League Players Association, September 3, 2015, Berman, R.). [read post]
14 Jul 2015, 3:42 pm
The article appears alongside comments by Andrew Schwartz, David Fagundes, Mitchell Berman, and Adam Chodorow. [read post]
9 Jul 2015, 6:23 am
While sanctions are a frequently deployed instrument of U.S. policy, their application as bargaining chips to extract specific concessions from the target state has only the most sparse and inauspicious track record. [read post]
2 Jun 2015, 9:30 am
Blight and economic development takings of the sort upheld in Kelo and its leading precursor, Berman v. [read post]
8 May 2015, 2:02 pm
DOJ lawyer Julia Berman told Gonzalez Rogers that no other party challenging a FISC order had filed suit in district court. [read post]
5 May 2015, 3:26 pm
If a MassHealth application is denied due to the existence of the Irrevocable Trust, and if the nursing home could reach the Irrevocable Trust as a creditor of the denied MassHealth applicant under Massachusetts debtor-creditor laws, then the nursing home could eventually be made whole by suing the denied MassHealth applicant and the Irrevocable Trust. [read post]
5 May 2015, 3:26 pm
If a MassHealth application is denied due to the existence of the Irrevocable Trust, and if the nursing home could reach the Irrevocable Trust as a creditor of the denied MassHealth applicant under Massachusetts debtor-creditor laws, then the nursing home could eventually be made whole by suing the denied MassHealth applicant and the Irrevocable Trust. [read post]
19 Apr 2015, 9:00 pm
Speakers will include Stephen Hadley, Ali-Akbar Mousavi, Jim Slattery, Howard Berman, and Michael Singh. [read post]
19 Mar 2015, 3:40 am
In order for a whistleblower submission to be considered original information, it must be derived from a claimant’s independent knowledge or analysis, which is generally not applicable if the whistleblower obtained the information as an officer, director, trustee or partner. [read post]
24 Feb 2015, 5:19 am
H/T Doug Berman Copyright © 2015 Simple Justice NY, LLC This feed is for personal, non-commercial and Newstex use only. [read post]