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13 Jan 2011, 11:08 am by Tana Fye
  However, only one state, New Jersey, interpreted the existing Indian family exception as a distortion of ICWA and declined to adopt the exception.[1]       Indiana adopted the existing Indian family doctrine in the 1988 case of In the Matter of Adoption of T.R.M.[2]  The child, T.R.M., was born in Hot Springs, South Dakota to a mother who was a member of the Oglala Sioux Indian Tribe.[3]  The paternity of the child was not established.[4] … [read post]
13 Jan 2011, 11:08 am by Tana Fye
  However, only one state, New Jersey, interpreted the existing Indian family exception as a distortion of ICWA and declined to adopt the exception.[1]       Indiana adopted the existing Indian family doctrine in the 1988 case of In the Matter of Adoption of T.R.M.[2]  The child, T.R.M., was born in Hot Springs, South Dakota to a mother who was a member of the Oglala Sioux Indian Tribe.[3]  The paternity of the child was not established.[4] … [read post]
30 Dec 2010, 4:50 am
Ed. 2d 416 (1975) (noting the particular importance of the purpose and flagrancy factor); accord Thurman, 846 P.2d at 1263-64. [read post]
29 Dec 2010, 6:45 am by Stikeman Elliott LLP
We believe that each of the trends identified below will play a part in shaping the market – whether it’s creative methods of financing, more realistic valuation methods, adjustment to deal terms or regulatory developments in the areas of foreign investment, taxation and securities law.1. [read post]
25 Dec 2010, 4:17 am
The court takes a foray into parole searches and doesn’t like Samson [only SCOTUS does]. [read post]
23 Dec 2010, 12:00 am by GuestPost
 The question of when the life of the unborn begins and the State’s margin of appreciation In determining whether there was a violation of the first and second applicants’ right to a private life under Article 8 due to the prohibition on abortion for health and well being reasons, the ECtHR does not address the issue of when the life of the unborn child begins other than noting that there is no agreement amongst the contracting States regarding this question.[2] Neither… [read post]
17 Dec 2010, 1:49 pm by emagraken
 The Court concluded with the following short summary of the test Judges are to use in establishing ‘causation’ in BC negligence lawsuits: [63]         In summary, having regard to the over-arching policy that the material-contribution test is available only when a denial of liability under the but-for test would offend basic notions of fairness and justice, I agree with the following statement made by Professor Knutsen in setting out his… [read post]
15 Dec 2010, 9:00 am by admin
As noted here, section 3 of the Arthur Wishart Act does a few things. [read post]
15 Dec 2010, 8:35 am by admin
The Act does not prescribe the specific form or wording of a disclosure document. [read post]
12 Dec 2010, 5:33 pm by Keith Rizzardi
See Determination of Threatened Status for Bull Trout in the Coterminous United States, 64 Fed.Reg. 58,910 (Nov. 1, 1999). [read post]
6 Dec 2010, 8:52 pm by Eric Schweibenz
In Order No. 64 (dated November 19, 2010), ALJ Gildea denied Complainants Nokia Corporation and Nokia, Inc. [read post]
6 Dec 2010, 3:00 am by Peter A. Mahler
The application of discounts, Justice Diamond therefore concludes, does not turn on statutory constraints. [read post]