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29 Jul 2024, 9:17 am
Perhaps if the development of a SEP/FRAND dispute harmonized European positions on the matter, the Commission would abandon its much-debated project? [read post]
29 Jul 2024, 9:02 am
The post Why No-Fault Divorce Matters appeared first on The Law Offices of Patrick Markey. [read post]
29 Jul 2024, 8:55 am
Anticlassification rules are insensitive to context: a classification is a classification, no matter how well-intentioned it might be, no matter what effects it might have, and no matter if it treats members of various groups in ways that are substantively equal. [read post]
29 Jul 2024, 8:44 am
The negligence per se doctrine establishes liability as a matter of law. [read post]
29 Jul 2024, 8:35 am
The votes matter, of course. [read post]
29 Jul 2024, 8:30 am
Last week, I noted Justice Elena Kagan's remarks at the Ninth Circuit Judicial Conference on Supreme Court ethics, her reaction to losing cases, and other matters. [read post]
29 Jul 2024, 8:24 am
From Biskupic's prior report: The justice went on to say that the court may have learned "a good lesson" this session when it agreed to hear oral argument in an abortion dispute that arose from its emergency docket only to later say it had improperly granted review in the matter. [read post]
Are The Washington Post and The New York Times treating the rise of Kamala Harris quite differently?
29 Jul 2024, 7:13 am
It didn’t matter how many donors or members of Congress called for Biden to step aside.... [read post]
29 Jul 2024, 7:07 am
Jessica also served as an advanced clinical law student in the Southwest Indian Law Clinic, where she worked with tribal communities on criminal law and environmental law matters. [read post]
29 Jul 2024, 7:00 am
Applying national laws for the protection against unfair competition requires determining whether a particular commercial act is against honest practices in industrial or commercial matters. [read post]
29 Jul 2024, 6:58 am
Maintains the integrity of workflow systems and ethical screening software for matter intake. [read post]
29 Jul 2024, 6:57 am
In settling the matter, Janney Montgomery Scott neither admitted nor denied the charges. [read post]
29 Jul 2024, 6:29 am
As an initial matter, GAO quoted the OCI memorandum’s explanation of the work required under the OA contract: The OA contractor performs validation of enrollment and payment data using logic developed independently. [read post]
29 Jul 2024, 6:06 am
This is in perfect accord with Jackson’s structural framework in Youngstown (pp. 277-281): The Constitution provides for an Executive power; It contemplates that practice will integrate the dispersed powers of government into a workable set of relationships; Thus the President’s authority is at its zenith when Congress has authorized his acts; his authority is less when he must rely on whatever inherent power he possesses concurrently with the Congress and Congress has not spoken on the… [read post]
29 Jul 2024, 6:00 am
Citing Matter of Castillo v Town of Oyster Bay, 70 AD3d 939, the Appellate Division affirmed the Supreme Court's order and judgment "insofar as appealed from", explaining that "[because] the contentions raised by the [Petitioner] on appeal concerning the exhaustion of administrative remedies do not present pure questions of law appearing on the face of the record that could not have been avoided if raised at the proper juncture, they are improperly raised for… [read post]
29 Jul 2024, 6:00 am
Citing Matter of Castillo v Town of Oyster Bay, 70 AD3d 939, the Appellate Division affirmed the Supreme Court's order and judgment "insofar as appealed from", explaining that "[because] the contentions raised by the [Petitioner] on appeal concerning the exhaustion of administrative remedies do not present pure questions of law appearing on the face of the record that could not have been avoided if raised at the proper juncture, they are improperly raised for… [read post]
29 Jul 2024, 6:00 am
Insurance issues can also complicate matters. [read post]
29 Jul 2024, 6:00 am
Further, the Appellate Division pointed out that "An arbitrator that 'imposes requirements not supported by any reasonable construction of the [contract]' has, 'in effect, made a new contract for the parties,' rendering the award subject to vacatur as irrational", citing Matter of Livermore-Johnson [New York State Dept. of Corr. [read post]
29 Jul 2024, 6:00 am
Further, the Appellate Division pointed out that "An arbitrator that 'imposes requirements not supported by any reasonable construction of the [contract]' has, 'in effect, made a new contract for the parties,' rendering the award subject to vacatur as irrational", citing Matter of Livermore-Johnson [New York State Dept. of Corr. [read post]
29 Jul 2024, 5:42 am
With existing centrifuge cascades, Iran could produce sufficient fissile material for several nuclear weapons in a matter of weeks, dramatically shortening its “breakout” time – the time required to amass sufficient fissile material for a bomb, though producing and testing a weapon could take up to a year. [read post]