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26 Jun 2019, 9:01 pm by Vikram David Amar
Indeed, one of the sharpest attacks anti-federalists could make on the new Constitution was that it did not go far enough in the protection of the institution of juries.The federalists took this charge seriously and ultimately responded by, among other things, enacting the Fifth, Sixth, and Seventh Amendments.The Framers expected the jury to act as a mediating body to insulate individuals from government overreaching. [read post]
  This was subject to two qualifications: 1) that Southern Pacific should retain sufficient data to enable it to respond to the extant subject access requests; and 2) data could not be disposed of if its retention was necessary to enable the liquidators to discharge their statutory duties. [read post]
26 Aug 2017, 4:43 pm by Bernie Burk
  Nothing in the pardon prospectively immunizes Arpaio for anything he might do in the future—though his days of violating the civil rights of others under color of state law are probably over as a practical matter owing to his departure from office; if he discriminates against or falsely imprisons Latinos now, it will probably be as a private citizen. [read post]
5 Jun 2016, 3:54 pm by Giles Peaker
The obligation to make enquiries and satisfy itself whether a duty is owed rests with the Council and it is not for applicants to ‘prove their case’. [read post]
22 Jul 2014, 7:00 am by Bill Marler
Thus, Primus’ arguments, addressed below, on the lack of duty owing to consumers of Jensen Farms may ultimately be beside the point. [read post]
21 Jul 2014, 10:01 pm by Bill Marler
Thus, Primus’ arguments, addressed below, on the lack of duty owing to consumers of Jensen Farms may ultimately be beside the point. [read post]
Khuzami emphasized, however, that the purpose of these tools is to reward only extraordinary cooperation, not simply responding to requests for information. [read post]
9 Nov 2008, 4:00 pm
" Mill responds: "It is 'to most persons' in the Slave States of America not a tolerable doctrine that we may sacrifice any portion of the happiness of white men for the sake of a greater amount of happiness to black men. [read post]
11 Apr 2016, 3:24 am by Peter Mahler
” Becker responded with a motion to dismiss the complaint on the grounds, among others, that the Hoeys lack standing to seek a partition of the properties owned by the two LLCs; that the assignment by Thomas to Wendy is invalid under the anti-assignment provisions in Article 10 of the mirror-image operating agreements of the two companies governing transfer of membership interests; and, even assuming the assignment made Wendy the mere transferee of an economic interest, that… [read post]
11 Apr 2016, 3:24 am by Peter Mahler
” Becker responded with a motion to dismiss the complaint on the grounds, among others, that the Hoeys lack standing to seek a partition of the properties owned by the two LLCs; that the assignment by Thomas to Wendy is invalid under the anti-assignment provisions in Article 10 of the mirror-image operating agreements of the two companies governing transfer of membership interests; and, even assuming the assignment made Wendy the mere transferee of an economic interest, that… [read post]