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23 Feb 2021, 7:06 am
The application was brought on a number of grounds, one of which was that by the time the appeal would be heard, the sanction against him would have been implemented irrespective of the outcome of the appeal which would, at that stage, become insignificant. [read post]
23 Feb 2021, 7:05 am
Judge Roberts must take a fresh look at these prosecutorial policies and ensure that the Justice Department’s prosecution of whistleblowers is thoroughly grounded in facts and does not create a chilling effect on speech that is in the public interest. [read post]
23 Feb 2021, 5:44 am
The legal ground section 14(4) of the (previous) Danish Trademarks Act stating that family names are excluded as trademarks both on absolute and relative grounds unless the name/trademark refers to a famous deceased person. [read post]
22 Feb 2021, 8:56 pm
There are a number of features that may be the reason for this, including narrow grounds of challenge, the relatively high cost of challenges and the length of the process. [read post]
22 Feb 2021, 5:07 pm
The Maryland law taxing Google and Facebook ad revenue is ground-breaking, and for that reason is will also be heavily litigated. [read post]
22 Feb 2021, 1:46 pm
Thomas is also right to emphasize that the Court's decisions have so far failed to ground regulatory takings doctrine in the text and original meaning of the Fifth Amendment, or even really attempt to do so. [read post]
22 Feb 2021, 12:15 pm
Opportunity:Seminar: Climate Refugees: The Big Challenge of Public International Law and the European Union, 25 February 2021 [info]Blog posts & press:As Biden Seeks Answers on Climate’s Impact on Migration, Sydney Declaration Provides Legal Ground Rules for Action (Just Security Blog, Feb. 2021) [text]"Biden Pushes US—and the World—to Help Climate Migrants," Scientific American, 8 Feb. 2021 [text]Can Regional Refugee Definitions Help Protect People Displaced… [read post]
22 Feb 2021, 9:58 am
I recently explained that "it would be desirable for us to take a fresh look at our regulatory takings jurisprudence, to see whether it can be grounded in the original public meaning of the Takings Clause of the Fifth Amendment or the Privileges or Immunities Clause of the Fourteenth Amendment. [read post]
22 Feb 2021, 4:11 am
Last year’s decision by Manhattan Supreme Court Justice Carol R. [read post]
22 Feb 2021, 1:00 am
On Friday 26 February, the Supreme Court will hand down judgment in R (on the application of Begum) v Secretary of State for the Home Department. [read post]
21 Feb 2021, 3:16 pm
TCL did not raise the issue again at trial or in a motion for JMOL under either R.50(a) or R.50(b). [read post]
19 Feb 2021, 5:01 am
Now all of this, by itself, cannot save the injunctions from being invalidated on First Amendment grounds, and I think almost no judges would enjoin such speech in a newspaper. [read post]
18 Feb 2021, 7:52 pm
At times, Ang SJ suggested that Singapore being forum non conveniens precluded the existence of the court’s jurisdiction over Pelletier; for instance, he dismissed the buyer’s arguments for a Mareva injunction based on the Cayman law claim on grounds that “Singapore court would first have to have in personam jurisdiction over a defendant before it could even grant a Mareva injunction” ([145]). [read post]
18 Feb 2021, 1:40 pm
In response, Meijer asserted Shire waived any ability it had to arbitrate, that the equitable estoppel argument had to be ruled on by the court and, in any event, was invalid on a number of grounds. [read post]
18 Feb 2021, 9:54 am
While incarcerated at the Arizona State Prison Complex in Eyman, Jones requested several rap and R&B CDs and books, but prison officials banned six of the CDs and two books. [read post]
18 Feb 2021, 8:46 am
The Hamburg data protection authority which is leading a working group focusing on cloud providers is reported to be considering regulatory sanctions should companies not be able to explain the legal grounds on which they rely to transfer personal data to the US. [read post]
18 Feb 2021, 5:01 am
Thus narrowed, it has been largely accepted (though a minority of state courts have rejected it, partly on First Amendment grounds). [read post]
18 Feb 2021, 1:55 am
Q: I (thought) I had served an eviction notice on a tenant in an HMO (ground 14 – antisocial behaviour ) in mid-November. [read post]
18 Feb 2021, 1:19 am
’ In other words, in revocation proceedings the grounds of patent validity are a sword; and in infringement actions such grounds are a shield. [read post]
18 Feb 2021, 1:19 am
’ In other words, in revocation proceedings the grounds of patent validity are a sword; and in infringement actions such grounds are a shield. [read post]