Search for: "AMERICAN PRINCIPLES IN ACTION "
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30 Nov 2009, 5:00 am
Supreme Court has never said the doctrine applies in MDLs, which are consolidations not class suits, and the American Law Institute's Restatement (Third) of the Law of Restitution and Unjust Enrichment says it does not: 'By comparison with class actions, court-imposed fees to appointed counsel in consolidated litigation frequently appear inconsistent with restitution principles.'" This recent scholarship thus proposes certain wholesale attacks on the… [read post]
9 Aug 2021, 3:30 am
If the employers fail to accommodate, do “broad liability protections” under state law also foreclose COVID-19-related claims arising under the Americans with Disabilities or equivalent state disability-discrimination law? [read post]
20 Mar 2024, 6:43 am
Direct challenges to FDA actions are relatively rare and almost never succeed. [read post]
6 Jan 2021, 1:15 pm
Ignoring this principle is a recipe for disaster. [read post]
17 Apr 2008, 11:04 pm
While it may be argued that hot pursuit is justifiable under principles of self-defense, it is difficult to make the case that the Colombian forces could go into Ecuadorian territory and kill FARC members without Ecuador's consent.Other international law doctrines might apply to justify Colombia's military action, such as Anticipatory Self-Defense to prevent an armed attack from happening where there is convincing evidence that an attack is actually being mounted. [read post]
17 Jan 2012, 8:15 am
November 18, 2011) (posted here)*: Generally, Fourth Amendment principles do not apply to searches by foreign authorities in their own countries, even if the targets of the search are American citizens. [read post]
19 Apr 2024, 11:06 am
It represents a significant shift towards holding polluters financially accountable for their actions, reinforcing the principle that environmental protection and public health are paramount. [read post]
23 Apr 2019, 5:00 am
Before voting in the 2020 primaries or general election, every literate American might consider reading them.On the other hand, it may be challenging for readers who are not sophisticated lawyers to figure out what is going on in terms of the Report’s bottom lines. [read post]
20 Jun 2017, 12:59 pm
It is apparent that these general principles foreclose Clarke’s sovereign immunity defense in this case. [read post]
1 Jul 2021, 9:04 am
This contribution examines the effect of substantial transformations in the legal environment of enterprise operation on the conceptual framework within which principles of immunity (and its waiver) was grounded. [read post]
14 Nov 2023, 2:00 pm
Do you need to advise your clients on the Americans with Disabilities Act (ADA), including best practices to avoid claims for ADA discrimination, harassment, and retaliation, and other related matters? [read post]
19 Apr 2019, 6:30 am
Some have addressed core constitutional principles related to the separation of powers, checks and balances, and federal-state relationships. [read post]
22 Dec 2018, 6:17 am
Mark Warner (D-Va.) proposed a “New Doctrine for Cyberwarfare & Information Operations” in a speech at the Center for a New American Security. [read post]
21 Apr 2016, 4:24 pm
Second, the court appointed an amicus who did try to get the court to recognize at least some of the Fourth Amendment problems with the government’s actions. [read post]
28 Mar 2020, 7:32 am
In very quick action, the political branches have passed and the President has signed the “Coronavirus Aid, Relief, and Economic Security Act” or the “CARES Act” (HR 748S. 3548). [read post]
28 Feb 2021, 7:01 am
” It’s compelling in principle—after all, who can object to easing the burden on the U.S. military and lessening the cost to American taxpayers? [read post]
20 Jun 2014, 1:27 pm
The bill’s overbroad and open-ended definition of “specific selection term” could abusively be read to authorize collection of the records of thousands or millions of innocent Americans. [read post]
29 Oct 2013, 6:12 am
But this viewpoint seems more dependent on the (at least) covert sympathy with the ideological goals of Communism by those who have documented the McCarthy era than on any generalizable principle. [read post]
16 Sep 2010, 10:01 am
The courts found that the police action removing people from private businesses violated the Equal Protection Clause. [read post]
17 Sep 2017, 7:27 pm
What assisted the panel was there was no dispute in the facts, Justice Zabel acknowledged that “his actions were contrary to the standard of conduct expected of a judge and contrary to the Principles of Judicial Office for judges of the Ontario Court of Justice,” and he agreed that the conduct warranted sanction from one of the penalties found under s. 51.6(11) of the Act. [read post]
