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20 Sep 2013, 6:02 pm
Wikipedia says: Stanley Kubrick originally intended that when the film does its famous match-cut from prehistoric bone-weapon to orbiting satellite that the latter and the 3 additional satellites seen would be established as orbiting nuclear weapons by a voice-over narrator talking about nuclear stalemate. [read post]
17 Jun 2014, 12:25 am
Trying to write a reasonable comprehensive piece on an Indian constitutional provision (rather than a focussed journal article) has been quite instructive: one is drowned by the volume of case law (even if you focus only on the Supreme Court) and the paucity of good quality secondary commentary.Through this post I am seeking your help with the latter. [read post]
4 Oct 2017, 8:09 am
’ To these factors, I would add colonialism and international law; the latter understood broadly to include the rules considered binding between states and nations, transnational law, legal transplants, international food aid, and international trade law. [read post]
8 Nov 2022, 5:00 pm
Equal Employment Opportunity Commission against the U.S Department of Agriculture (USDA), claiming that the latter engaged in a discriminatory practice which purportedly discouraged managers from hiring deaf or hard-of-hearing employees.In 2014, the USDA decentralized its sign language interpreting services and required each of its 17 sub-agencies to fund services for its employees directly. [read post]
17 Jan 2024, 4:00 am
" When she later filed a personal-injury case against the company, the latter asked the New York County Supreme Court to dismiss the case (i.e., to grant pre-trial relief in its favor).When that request was denied, the spa appealed to the Appellate Division, First Department, which was of the view the court below had committed reversible error.The AD1 noted that while landowners have a duty to act in a “reasonable manner to prevent harm to those on their property,” they… [read post]
20 Apr 2013, 1:12 am
Here's the abstract:This paper examines the changing relationship between the disciplines of international criminal law (ICL) and international human rights law; I particularly focus on the associations of the former with comfort and the latter with discomfort. [read post]
26 Aug 2019, 7:36 am
Although several commentators have pushed back against the latter proposition by pointing out that not all denizens of Appalachia underwent the same experiences as Vance, few commentators have challenged the former proposition: that we can understand an individual better by understanding the culture from which he or she comes.Download the article from SSRN at the link. [read post]
4 Apr 2023, 5:00 am
COMPANY COULD HAVE USED A BIG LIFT HEREWhen a personal injury case was filed after a worker was harmed “unloading material from a truck’s shipping trailer or liftgate,” Transel Elevator and Electric sued First Specialty Insurance Company, (issuer of a “commercial package insurance policy”), claiming that the latter had a duty to defend or indemnify Transel in the negligence case. [read post]
29 Nov 2023, 4:00 am
And while the landlord 200 Haven Owner, LLC, acquiesced, it took the position that the new contractual arrangement (with the pertinent increases and allowances) took the unit out of stabilization due to high rent deregulation (which was then $2500).When the landlord subsequently commenced a holdover proceeding to remove the occupants, the latter asked for the proceeding’s dismissal. [read post]
5 May 2013, 12:54 pm
Gülen inspires a swath of the latter camp, though the extent of his reach remains hotly disputed.More >>> [read post]
20 Aug 2023, 11:00 pm
After the latter filed a personal-injury case against the animal’s human companion alleging negligence and strict liability, motion practice seeking the pre-trial dismissal of the litigation ensued.In New York State, the "owner" of a domestic animal, such as a dog, is liable for injuries caused by that creature, if that caregiver “knew or should have known of [the animal’s] vicious propensities. [read post]
31 Jul 2013, 5:00 am
Olivas considers higher education litigation in the latter half of the twentieth century and the rise of "purposive organizations," like the American Civil Liberties Union and the Alliance Defense Fund (now known as the Alliance Defending Freedom), that exist to advance litigation. [read post]
7 Jun 2023, 11:00 pm
SMOKING NEEDED TO BE "UNREASONABLE"After the Priceman Family brought a nuisance holdover proceeding against the Kerrigan Family, their tenants, for smoking cigarettes inside their apartment, the latter sought to have the case dismissed – via a motion for summary judgment – and a Kings County Civil Court Judge granted that request.On appeal, the Appellate Term, Second Department, noted that to constitute a “nuisance,” the condition must threaten “`the… [read post]
10 Dec 2013, 1:16 pm
Most of the time it's the latter, but there are exceptional circumstances where the man or woman plays a pivotal role. [read post]
6 Jun 2024, 5:00 am
PATIENT FAILED TO SHOW DEVIATION FROM “ACCEPTED DENTAL PROCEDURES”After the New York County Small Claims Part granted a dentist an award of $3,357 against his former patient (for services provided), the latter appealed.In its decision, the Appellate Term, First Department, noted that in small claims cases, its review is limited to whether or not the court below had engaged in “a fair interpretation of the evidence and achieved substantial justice consistent with… [read post]
10 Jan 2020, 12:09 pm
She claims that leaders of the Turner, Oregon Latter Day Saints congregation breached their duty to her husband in reporting his confessed sex abuse to authorities. [read post]
18 Dec 2023, 4:00 am
MOTHER AWARDED PRIMARY PHYSICAL CUSTODY AND FINAL DECISION-MARKING AUTHORITYAfter the New York County Supreme Court awarded the mother “primary physical custody of subject child and final decision-making authority with respect to all major decisions for the child,” and the dad's request to have US travel barriers removed was denied, the latter appealed.On its review, the Appellate Division, First Department, noted that the underlying determination had a “sound and… [read post]
13 Oct 2023, 8:00 am
EMPLOYER BELIEVED THAT TEACHER WOULDN’T BE ABLE TO FOCUS ON HER WORKThe operator of a Montessori School in Annapolis, Maryland, allegedly discriminated against one of its teachers because the latter’s daughter suffered from a disability. [read post]
13 Oct 2023, 8:00 am
EMPLOYER BELIEVED THAT TEACHER WOULDN’T BE ABLE TO FOCUS ON HER WORKThe operator of a Montessori School in Annapolis, Maryland, allegedly discriminated against one of its teachers because the latter’s daughter suffered from a disability. [read post]
17 Nov 2023, 4:00 am
And, apparently, the latter was injured and sustained a burn (in the same shape as the family’s iron) to her thigh.Since the injury would not have occurred but for the grandmother’s failure to “exercise the minimum degree of necessary to provide the child with proper supervision or guardianship,” the AD1 thought the neglect find was supported by a “fair preponderance of the evidence” and left the outcome undisturbed.The argument that the injury arose from… [read post]
