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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 by Cody M. Poplin
’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 by Bill Otis
 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 by Rebecca Tushnet
Rebecca Tushnet: And now for something different! [read post]
27 Sep 2015, 6:21 pm by Kevin LaCroix
  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 by Elina Saxena
’s joint series, covering the application of IHL by national courts. [read post]
24 Sep 2015, 8:27 am by Barbra Williams Diallo
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]
8 Sep 2015, 7:53 am by Stephen D. Rosenberg
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]
14 Jul 2015, 3:42 pm by Howard Wasserman
The article appears alongside comments by Andrew Schwartz, David Fagundes, Mitchell Berman, and Adam Chodorow. [read post]
9 Jul 2015, 6:23 am by Suzanne Maloney
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 by Karen Gullo
  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 by Brian E. Barreira
  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 by Brian E. Barreira
  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 by Cody Poplin
Speakers will include Stephen Hadley, Ali-Akbar Mousavi, Jim Slattery, Howard Berman, and Michael Singh. [read post]
19 Mar 2015, 3:40 am by Broc Romanek
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 by SHG
H/T Doug Berman   Copyright © 2015 Simple Justice NY, LLC This feed is for personal, non-commercial and Newstex use only. [read post]