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11 Jun 2016, 6:18 am
Part VI concludes by examining whether Kennedy is subject to his own analysis and how he hints at the promise of a form of responsible power beyond expertise. [read post]
8 Jun 2016, 6:00 am by Administrator
The old seriatim style, where every judge wrote free‐standing reasons without reference to those of anyone else, represents one extreme end of this continuum; the “By the Court” style, with a single judgment that does not even acknowledge a lead author, is the other extreme. [read post]
7 Jun 2016, 3:58 pm by Kevin LaCroix
Priya Cherian Huskins One of the more interesting current issues in the securities litigation arena is the question of whether or not the concurrent jurisdiction provisions in the ’33 Act continue to afford state court jurisdiction for Section 11 securities class action lawsuits, or whether the Securities Litigation Uniform Standards Act of 1998 (SLUSA) superseded these provisions. [read post]
7 Jun 2016, 2:23 pm by Orin Kerr
Investigators were able to decrypt Doe’s Apple computer without Doe’s help pursuant to a search warrant. [read post]
1 Jun 2016, 6:19 am by Kevin Goldberg
The employer can make a “catch-up” payment if employee does not reach minimum with the bonus, but this catch-up payment must be paid within the next quarter or the employer will have to pay overtime retroactively. [read post]
26 May 2016, 6:00 am by Administrator
It does this by removing criminal and civil liability from those who provide such assistance provided that the procedure set out in the Bill is followed. [read post]
25 May 2016, 12:05 pm by Kelly Buchanan
In addition, according to Law No. 1,079, such punishment does not preclude the prosecution and trial of the accused person for common crimes in the criminal courts under criminal procedure laws. 6. [read post]
24 May 2016, 9:00 am by Steve Vladeck
" Whatever the merits of the Appointments Clause issue vis-a-vis military CMCR judges in Nashiri, or the § 203 issue vis-a-vis civilian CMCR judges in Khadr, the relevant point for present purposes is how they both have their origins in the same ill-conceived legislative initiative, i.e. [read post]
20 May 2016, 1:02 pm by Robert Chesney
  Then again, let’s not forget the Administration’s crabbed interpretation of the “hostilities” concept as employed in the WPR setting vis-à-vis Libya in 2011. [read post]
20 May 2016, 1:02 pm by Jim Gerl
If the student is not already eligible, does this fact trigger the school district's child find duty? [read post]
8 May 2016, 2:31 pm by Giles Peaker
But that does not absolve the local authority of its duty of proper enquiry. [read post]
7 May 2016, 12:27 am by INFORRM
  The existence of civil law remedies for the individual does not release the state from its Article 8 obligations towards the accused [77]. [read post]
3 May 2016, 12:19 pm by Rachel Brand
 “Oversight” seems an odd term to describe the role of federal courts vis-à-vis executive agencies given the courts’ constitutional limitation to deciding cases or controversies. [read post]
2 May 2016, 1:14 pm by John Floyd
A calculation of this theory would have reduced his criminal history points from 11 to five, lowering his criminal history category from VI to V. [read post]
2 May 2016, 11:44 am by Olivier Moréteau
Does history reflect a move from diversity to unity or an ongoing conflict between the two? [read post]