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29 Jun 2011, 11:00 pm by Rosalind English
Another limiting requirement, what might conveniently be called the “human agency” test for treatment prohibited by Article 3, no longer makes sense in these circumstances, as the Court itself acknowledges: If the dire humanitarian conditions in Somalia were solely or even predominantly attributable to poverty or to the State’s lack of resources to deal with a naturally occurring phenomenon, such as a drought, the test in N. v. the United Kingdom [i.e. no… [read post]
3 Oct 2013, 11:46 am by Eric
For over a decade, we've know how to deal with COPPA: if at all possible, avoid dealing with kids 12 and under, in which case COPPA doesn't apply. [read post]
30 Nov 2009, 3:49 pm
Even if custom and usage could create property rights, Brass Metal failed to present sufficient evidence to establish that there was a uniform, definite, and well-established custom in the aluminum extrusion industry that a person who creates a die possesses a property right in the shapes created from the die.Brass Metal failed to produce sufficient evidence to create a jury question regarding whether a confidential relationship existed between the parties, such that E-J had a duty to disclose its… [read post]
12 Sep 2017, 9:42 pm by Lisa Ouellette
The Court did carve out a possible workaround last Term in the wonderfully named Lewis v. [read post]
30 Jun 2022, 2:24 pm by Benjamin Pollard
Bruen, and the tech privacy implications of Dobbs v. [read post]
9 Oct 2013, 12:20 pm by Trevor Timm
There is some good news: The government had also moved to stay First Unitarian Church v. [read post]
30 Aug 2024, 7:32 am by Rebecca Tushnet
This is easy with people calling themselves the Libertarian Party, and has been relatively easy for courts dealing with individual “articles” (how the court describes both Farah v. [read post]
25 Jun 2015, 9:01 pm by John Dean
Frankly, I am not sure there is a right answer to the question rather reasonably and informed people of good faith, certainly such people whom I respect of that nature, can hold diametrically opposed opinions. [read post]
5 Aug 2015, 6:28 am
This post deals with an opinion recently issued by the Court of Appeals of North Carolina:  State v. [read post]