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While this is encouraging for employers, the current state of the law challenges common sense and makes an employer’s evaluation more—not less—complex. [read post]
31 Aug 2023, 6:18 am by Matthew L.M. Fletcher
Part IV analyzes how ICWA should interact with personhood regime states and examines the risks that personhood states pose to tribes, Indian families, and the spirit of ICWA. [read post]
16 Aug 2022, 7:01 am by Genevieve Nadeau
The Supreme Court has never adopted the theory (indeed, it has previously rejected it), but recently agreed to hear Moore v. [read post]
4 Jan 2012, 10:57 am by Adam Levitin
There's been a lot of media coverage of the recent ruling of the NY Supreme Court (that's the trial court, not the final Court of Appeals) in MBIA v. [read post]
18 Jul 2015, 4:07 pm by INFORRM
In a very rare outcome, in the case of R (Davis and ors) v Secretary of State for the Home Department ([2015] EWHC 2092 (Admin) the Divisional Court declared that the Data Retention and Investigatory Powers Act 2014 (DRIPA) is inconsistent with European Union law and therefore is “disapplied”, although the Court suspended the effect of its order until after 31 March 2016. [read post]
1 Dec 2014, 8:19 am by Emma Cross, Olswang LLP
If it be thought that there is a risk of complacency in the judicial, legislative or administrative authorities, of a small community, where most of not all of the prominent actors will be known to one another, the ultimate safeguard lies with the Judicial Committee of the Privy Council” [39]. [read post]
9 Apr 2009, 8:34 am
"As many of our readers know, state data breach notification requirements have spawned a number of private lawsuits, including class actions. [read post]
4 Nov 2008, 10:18 am
The much anticipated preemption case, Wyeth v. [read post]
27 Mar 2015, 8:29 am by Emily Dorotheou, Olswang LLP
” [9] The Court also noted that the English courts (in subsequent cases such as Pearce v United Bristol Healthcare NHS Trust and Chester v Afshar) had quietly ceased to follow Sidaway‘s adoption of the Bolam test. [read post]
14 Dec 2023, 12:00 am by Bryan West
Lack of Written Change Orders The point of greatest risk might have been Ellcar’s failure to obtain written change orders before implementing some of the changes MacLeod demanded, as the contract stated “shall” occur before such work was performed. [read post]