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10 Jun 2022, 9:32 pm
Auth., 195 AD3d 1557, 1558 [4th Dept 2021]; cf. generally Coleman v Daines, 19 NY3d 1087, 1090 [2012]). [read post]
7 Jun 2022, 11:45 am
Post-Brexit, it remains to be seen whether the English courts would be more willing to displace the applicable law under Article 4(1) by applying Article 4(3) of Rome II more flexibly. [read post]
7 Jun 2022, 12:36 am
§§ 1001(b), 1001b(c)(3). [read post]
3 Jun 2022, 6:30 am
3. [read post]
2 Jun 2022, 1:53 pm
Cf. [read post]
16 May 2022, 6:57 pm
., Wright’s Case, 156 N.E.3d 161, 171-175 (Mass. 2020) (interpreting state law not to require such reimbursement in part to avoid preemption concerns); cf. [read post]
15 May 2022, 9:05 pm
Roundtable (Aug. 19, 2019), https://www.businessroundtable.org/business-roundtable-redefines-the-purpose-of-a-corporation-to-promote-an-economy-that-servesall-americans. [3] Larry Fink’s 2018 Letter to CEOs, A Sense of Purpose, available at https://www.blackrock.com/corporate/investor-relations/2018-larry-fink-ceo-letter. [4] https://www.sec.gov/divisions/corpfin/cf-noaction/14a-8/2020/asyousowtrioblackrock012020-14a8-incoming.pdf. [read post]
13 May 2022, 5:52 am
Boothby 2012 at 8.12; United Kingdom, LOAC Manual 2.5.2 & 5.3.3 (2004); Israeli High Court decision para 35 (quoting Gasser, in The Handbook of Humanitarian Law in Armed Conflicts 32 (Dieter Fleck ed. 1995)); Dieter Fleck, “Protection of Civilians,” in The Handbook of Humanitarian Law in Armed Conflicts 32 (Dieter Fleck ed. 4th edition 2021); ICRC Interpretive Guidance on Direct Participation in Hostilities 2009 n.123; ICRC Interpretive Guidance 2008 Summary Report of Expert… [read post]
11 May 2022, 6:44 am
This means that such concepts are autonomous concepts of EU and must, as a result, receive uniform interpretation and application across the EU.As I discuss here, it is true that Article 288(3) TFEU allows in principle national authorities to determine the form and methods needed to achieve the result mandated by a certain EU directive. [read post]
9 May 2022, 7:29 am
Frank HülsbergBurkhard FassbachRegular readers know that I post frequently on this site on whistleblower-related topics. [read post]
8 May 2022, 6:50 pm
Maybe the ROI for legal tech comes from happier workers who stay. [read post]
8 May 2022, 1:47 pm
This is not compliant with the Enforcement Directive (2004/48/EC): “[…] to act as a supplementary deterrent to future infringers” cf. recital 27 and ”[…] those measures, procedures and remedies shall also be effective, proportionate and dissuasive(…]”, cf. article 3).This time, the Eastern High Court has been more generous – and EU compliant – and awarded an overall amount for reasonable remuneration, damages and… [read post]
4 May 2022, 11:21 am
Cf. [read post]
29 Apr 2022, 5:01 am
In this essay, though, I'd like to focus on one downside of answering it "yes": What I call the Reverse Spider-Man Principle—with great responsibility comes great power.[3] Whenever we are contemplating holding entities responsible for their customers' behavior, we should think whether we want to empower such entities to surveil, investigate, and police their customers, both as to that behavior and as to other behavior.[4] Of course, some of the entities with whom… [read post]
27 Apr 2022, 3:07 pm
Cf: RSA Chapter 647:2 (gambling offenses); see generally, In Re Advisory Letter No. 3-11, 215 N.J. 495, 515 (N.J. 2013) (sitting judge could not perform as a comedian and actor under a stage name when the substance of his performances created an appearance of impropriety). [read post]
27 Apr 2022, 1:12 pm
Under that constitutional framework, only upon [*3]rejection of a second set of IRC maps is the legislature free to offer amendments to the maps created by the IRC (see NY Const, art III, § 4 [b]) and, even then, a statutory restriction enacted as a companion to the constitutional reforms precluded legislative alterations that would affect more than two percent of the population in any district (see L 2012, ch 17, § 3). [read post]
27 Apr 2022, 1:12 pm
Under that constitutional framework, only upon [*3]rejection of a second set of IRC maps is the legislature free to offer amendments to the maps created by the IRC (see NY Const, art III, § 4 [b]) and, even then, a statutory restriction enacted as a companion to the constitutional reforms precluded legislative alterations that would affect more than two percent of the population in any district (see L 2012, ch 17, § 3). [read post]
27 Mar 2022, 3:34 pm
Cf. [read post]
26 Mar 2022, 4:55 am
Demosthenes 3 Orations 47 Every man devising one tittletattle or other, as his own vaine heade imagines.... [read post]
21 Mar 2022, 3:24 am
While NACH and Alf submitted an affidavit of Alf attempting to remedy that deficiency, the affidavit does not specifically address JB’s representation of NACH or Alf in the matter giving rise to this lawsuit (cf. [read post]
