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28 Feb 2009, 1:24 pm
This post is by my partners Michael Tumas and John Grossbauer. [read post]
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]
11 Sep 2021, 1:20 pm
[No, Chief Justice Roberts does not draw a number from a hat.] [read post]
27 Jun 2014, 7:52 pm
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
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]
20 Mar 2019, 3:06 am
” The agenda included: 1. [read post]
22 Apr 2020, 6:06 am
John Elwood reviews Monday’s relists. [read post]
19 Nov 2013, 12:04 pm
§ 2254(d)(2) merely because the state court does not conduct an evidentiary hearing. [read post]
27 Nov 2018, 5:03 pm
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
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]
16 Nov 2010, 4:10 am
In an effort to obtain a stay of the arbitration, Plattsburgh argued that the disputed provision:1. [read post]
11 Jan 2011, 5:04 am
John D. [read post]
12 Dec 2013, 8:01 am
§ 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
… 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
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
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
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
§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
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]