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27 Apr 2018, 8:48 am by Chinmayi Sharma
In a 5-4 vote, with Justice Anthony Kennedy writing the majority opinion, the court affirmed the U.S. [read post]
22 Apr 2018, 1:30 pm by Marty Lederman
Mendoza (1984), that offensive, nonmutual collateral estoppel does not apply against the federal government). [read post]
16 Apr 2018, 4:48 pm by Kevin LaCroix
Howey Co., which states that a security is an investment contract in which a person 1) invests their money; 2) in a common enterprise; 3) with an expectation of profits; 4) based on the efforts of the promoter or a third party. [read post]
16 Apr 2018, 11:54 am by Kelsey Farish
This may, as has been discussed with Facebook’s proposed use of artificial intelligence in copyright and hate speech monitoring, “inevitably require an automated system of monitoring that could not distinguish copyright infringement from legal uses such as parody” (The Guardian).The relevant sections of the draft Directive are Article 2, Article 13(1) and Article 13(4). [read post]
6 Mar 2018, 10:00 am by David Kris
I argued merely that it is one very useful way to disrupt plots, incapacitate terrorists, and gather intelligence.[1] This was anathema to some observers, who oppose law enforcement efforts here on the grounds that terrorists aren’t common criminals who tried to rob a liquor store. [read post]
1 Mar 2018, 7:06 am by John Elwood
John Elwood finally reviews Monday’s relists. [read post]
14 Feb 2018, 2:57 pm by Kevin LaCroix
Disgorgement does not “simply return[] the defendant to the place he would have occupied had he not broken the law,” the Court held. [read post]
11 Feb 2018, 8:15 pm by Omar Ha-Redeye
Gruenke: (1) The communications must originate in a confidence that they will not be disclosed. (2) This element of confidentiality must be essential to the full and satisfactory maintenance of the relation between the parties. (3) The relation must be one which in the opinion of the community ought to be sedulously fostered. (4) The injury that would inure to the relation by the disclosure of the communications must be greater… [read post]
7 Feb 2018, 12:00 am by Public Employment Law Press
[Stapleton v La Paglia, 207 AD2d 945]Terminating a corrections officer who used excessive force against a prisoner while going to the aid of a fellow officer who has struggling with the inmate. [read post]
5 Dec 2017, 2:27 pm by Josh Blackman
In this sense, Dowd is correct that the president “is the chief law enforcement officer. [read post]
24 Oct 2017, 10:58 am by Colby Pastre
Correcting the overstatement implies a business tax incidence split roughly 50-50 between capital and labor, more in line with the empirical literature. [read post]
24 Oct 2017, 5:30 am by Colby Pastre
While it is true that such a tax would be regressive, that does not mean that exemptions are the correct policy choice. [read post]
16 Aug 2017, 5:59 am by Terry Hart
Warfel (New York: Literary Publishers, 1953), 1-4. [read post]
20 Jul 2017, 11:00 am by Jane Chong
It is with Black’s understanding in mind that I turn to the words of Article I, section 4. [read post]