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The ECJ ruled that: “…the answer to the question referred is that Article 4(1)(2) of Directive 2004/39, read in conjunction with point 1 of Section A of Annex I to that directive, must be interpreted as meaning that the investment service consisting in the reception and transmission of orders in relation to one or more financial instruments does not include brokering with a view to concluding a contract covering portfolio management services. [read post]
24 Aug 2012, 3:49 pm by Jeralyn
Only if it is considered a second motion under (d)(1) does the judge have discretion to rule on whether the alleged facts are true or not. [read post]
11 Dec 2008, 12:56 pm
This conflicts perhaps with the Scalia approach to Constitutional interpretation--that the Constitutional Convention meant what it said and said what it meant and it's wrong to read the Constitution in a way that does not reflect the words and not the intentions of those good men--but it does not rewrite the law.What we see now is courts (including but not limited to the Texas Supreme Court) that have never met a businessman they didn't like, and… [read post]
18 Sep 2013, 2:25 pm by Bart Torvik
So changing the incentives at the margin probably doesn’t matter much.So what does explain this? [read post]
29 Jul 2009, 12:04 pm
When considering a redevelopment authority's condemnation of what is assumed by all litigants to be a valuable leasehold interest, how does a court determine the lessee is owed nothing, and conclude that nothing is "just" compensation (and indeed, the lessee must pay back the compensation it was previously paid, plus interest)? [read post]
14 Apr 2019, 10:21 pm by Bill Marler
The 2018 Salmonella Adelaide Outbreak As of July 24, 2018, 77 people infected with the outbreak strain of Salmonella Adelaide were reported from nine states – Arkansas 1, Florida 1, Illinois 7, Indiana 14, Kentucky 1, Michigan 39, Missouri 11, Ohio 2, Tennessee 1. [read post]
27 Apr 2012, 2:46 pm by Jeralyn
But if he works or takes educational programs, he'll get 1 day off for every day in the program. [read post]
21 Jun 2007, 6:00 am
Superior Court, 148 Cal.App.4th 39 (2007) (modified Mar. 22, 2007) (slip op. at 2). [read post]
7 Nov 2011, 10:43 am
Tennessee Code Annotated section 36-1-113(b) does not include the parent of a child as one of the persons or entities with standing to file a petition to terminate parental rights. [read post]
27 Jan 2009, 7:08 pm
Does China's IP enforcement system, which sets a minimum threshold for criminal prosecution, violate TRIPS? [read post]
7 Jan 2009, 2:52 pm
  Therefore, (1) automatic denial of statutory damages under HRS §101-27 in Condemnation 1 is vacated and the case remanded for a determination of damages, (2) the court's conclusion that Condemnation 2 was not abated by Condemnation 2 is vacated and the case remanded for a determination of whether the public purpose asserted in Condemnation 2 was pretextual.Slip op. at 5. [read post]
9 Mar 2009, 11:54 am
"It does change some people's minds," he said. [read post]
15 Feb 2007, 5:17 pm
In a post, Matt Yglesias sparked a discussion of what exactly is the President's war power, what view did the Clinton Administration espouse and what does the War Powers Act say to the matter. [read post]