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4 Aug 2024, 9:05 pm by Thomas A. Berry
Under this standard, a court must first consider “the question whether Congress has directly spoken to the precise question at issue. [read post]
15 Apr 2011, 3:42 am by Rosalind English
The Court of Appeal judges were unanimous in their opinion that the standard of fairness set by the common law for the determination of issues arising in civil litigation was no less robust than the standards set by article 6 of the Convention. [read post]
26 Jun 2018, 10:30 am by Marty Lederman
  Truth be told, however, Justice Gorsuch is less than crystal clear on just what that "other way" consists of (and admirably candid in acknowledging that he hasn't quite settled on his precise approach yet). [read post]
2 Aug 2011, 9:30 am by Rebecca Tushnet
By Rebecca Tushnet and Eric GoldmanTrafficSchool.com, Inc. v. [read post]
22 Jan 2011, 7:47 pm by Frank Pasquale
EHRs using the CER should be readily transmittable between EHR systems of different vendors. [read post]
22 Jul 2022, 5:02 am by Stephanie Pell
Was something akin to the Terry-stop reasonable suspicion standard sufficient for law enforcement to compel the data it wanted through a 2703(d) order, or did the ECPA require a higher probable cause standard and thus a warrant? [read post]
17 Apr 2013, 7:49 am by Paul Horwitz
But it's at least valuable to have a more precise understanding of what they're doing, rather than use "history" as a catchall label or judge their efforts by the standards of a related but different field altogether. [read post]