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8 May 2009, 3:26 am
As to the "family member" element, I don't know why the statute makes it a crime to use John Doe Junior's father's identity, instead of just making it a crime to use John Doe Senior's identity. [read post]
27 Jun 2014, 7:52 pm by Padraic F.X. Dugan, Esq.
According to Section 6(b): “A collaborative law process terminates when a party: (1) gives notice to other parties in a record that the process is ended, which party may do with or without cause; or (2) files a document that begins a proceeding related to a family law dispute without the agreement of all parties; or (3) except as otherwise provided by section 7 of this act, discharges a collaborative lawyer or a collaborative lawyer ceases further representation of a party in… [read post]
29 Feb 2012, 9:20 am by William McGrath
Defendants' two-pronged argument was that: (1) plaintiffs failed to adequately allege that the Board majority was independent and disinterested; and (2) the Board's decision was the product of a valid business judgment. [read post]
22 Apr 2020, 6:06 am by John Elwood
John Elwood reviews Monday’s relists. [read post]
19 Nov 2013, 12:04 pm by John Elwood
§ 2254(d)(2) merely because the state court does not conduct an evidentiary hearing. [read post]
27 Nov 2018, 5:03 pm by Lisa Heinzerling
Chief Justice John Roberts’ opinion for the court appears calculated to decide just enough to justify shipping the case back to the lower court. [read post]
30 Jan 2022, 8:28 am by Paul Singer
  This decision highlights two important points regarding State Attorneys General (AGs): 1) their consumer protection laws are rarely found to be subject to broad federal preemption, and 2) they often can’t be hauled into other states, even if operating as a multistate. [read post]
12 Dec 2013, 8:01 am by John Elwood
§ 2254(d)(2) merely because the state court does not conduct an evidentiary hearing. [read post]
20 Oct 2009, 1:03 am
  The general rules for interpreting a rule or statute:  1) the specific provision controls the general, and 2) the thing must be read as a whole  (the tail does not wag the dog). [read post]
6 Nov 2018, 10:38 am by Charlotte Garden
… The term also means (1) any agent of such a person, and (2) a State or political subdivision of a State and any agency or instrumentality of a State or a political subdivision of a State, and any interstate agency, but such term does not include the United States. [read post]
2 Dec 2021, 6:57 am by Seyfarth Shaw LLP
  The bill would amend the FAA to (1) prohibit arbitration of sexual assault claims and (2) permit arbitration of sexual harassment claims provided that the agreement does not contain a confidentiality provision unless the parties agree otherwise after the claim has arisen, along with other procedural fairness requirements. [read post]
17 Aug 2011, 8:59 pm by Lawrence Solum
With respect to Raz, I argue that: (1) in order to understand his account of the role of coercion in a theory of the nature of law, we must first understand his account of institutionalized normative systems; (2) his account of such systems apparently implies that coercion is unnecessary for the existence of a legal system; (3) this account, however, fails because it does not provide a basis for distinguishing a legal system from other institutionalized normative systems… [read post]
17 Jan 2014, 11:14 am by John Palley
Others may be call it a Bypass trust, a credit trust or even a 1/2 trust. [read post]
31 May 2011, 8:29 am by Kali Borkoski
§271(b) requires knowledge that the induced acts constitute patent infringement; and (2) that deliberate indifference to a known risk that a patent exists does not satisfy the knowledge required by Section 271(b). [read post]
17 Aug 2016, 8:22 am by Thaddeus Hoffmeister
MA)Professor Scott Hemphill (NYU School of Law) (Moderator)12:30 - 1:15 PM Lunch 1:15 - 2:15 PM Scholars Roundtable Professor Colleen Chien (Santa Clara Law)Professor Mark Lemley (Stanford Law)Professor David Schwartz (Northwestern Law)Professor Rochelle Dreyfuss (NYU School of Law) (Moderator)2:15 - 3:15 PM Practitioners Roundtable on U.S. [read post]