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19 Dec 2022, 8:55 am by Lawrence Solum
Quoting German and American predecessors, Cardozo wrote “the modern philosophy of law departs essentially from the natural-law philosophy in that the latter seeks a just, natural law outside of positive law, while the new philosophy of law desires to deduce and fix the element of the just in and out of the positive law—out of what it is and of what it is becoming. [read post]
19 Dec 2022, 8:52 am by Rebecca Tushnet
Under California law, “ ‘[t]he general rule is that when parties enter into a second contract dealing with the same subject matter as their first contract without stating whether the second contract operates to discharge or substitute for the first contract, the two contracts must be interpreted together and the latter contract prevails to the extent they are inconsistent. [read post]
19 Dec 2022, 4:05 am by Howard Friedman
Zurek in Amarillo since the latter became bishop there in 2008. [read post]
18 Dec 2022, 7:26 am by David Oxenford and Robert Primosch
  Here, the objecting party, citing the rule, alleged that the applications were inconsistent as both could not be granted due to prohibited contour overlap, and that the latter-filed application should therefore be dismissed. [read post]
18 Dec 2022, 7:01 am by Anna Meier
Editor’s Note: As the United States and other countries consider more bans on right-wing terrorist organizations, they would do well to consider the experience of Germany, which has long banned right-wing groups. [read post]
17 Dec 2022, 4:40 am by Guangjian Tu
(This post is written by Chen Zhi, a Ph.D. candidate at the University of Macau, a trainee lawyer in Mainland China) The arbitration-favored policy has been adopted by many jurisdictions across the world in recent years, as the support of arbitration by local judiciaries has been viewed as an important standard for gauging the business environment of a jurisdiction. [read post]
16 Dec 2022, 3:13 pm by Poole Huffman, LLC
This law firm sought the latter, asking the judge to issue an injunction enjoining the lawyer from violating the non-disparagement clause. [read post]
16 Dec 2022, 11:58 am by Neil H. Buchanan
  The latter continues to suck in smart (and some not so smart) high school boys (yes, almost exclusively boys), many of whom -- former House Speaker Paul Ryan, former Fed Chair Alan Greenspan, and more -- never grow out of their infatuation with the claim that simple logic compels a certain conclusion as an objective matter. [read post]
16 Dec 2022, 7:25 am by CMS
As to the latter, a bankrupt can only challenge the decisions of a trustee where there is likely to be a surplus in the estate. [read post]
15 Dec 2022, 10:00 pm by Chijioke Okorie
The former is directed at whether a litigant patentee was a litigant whom the court should hear while the latter was directed at whether the patent was valid. [read post]
15 Dec 2022, 8:14 pm by Ilya Somin
But it's not entirely clear whether it will do so on standing or on the merits (though I very tentatively think the latter is more likely). [read post]
15 Dec 2022, 7:02 am by Michael C. Dorf
If you're a public-spirited and talented mathematician deciding whether to pursue a career as a math professor or a hedge-fund manager, you should choose the latter. [read post]
15 Dec 2022, 4:40 am by Chukwuma Okoli
Since most parties are often not familiar with the laws of their foreign counterparts and are sceptical about getting a fair trial in the latter’s jurisdiction when a dispute arises from the contract, the option of a usually neutral foreign jurisdiction clause, therefore, is cardinal when considering the risks associated with contractual relationships. [read post]
  As part of this assessment, the draft decision considers U.S. public authorities’ access to and use of personal data for criminal law enforcement and national security purposes, the latter of which was a key concern of the CJEU in Schrems II. [read post]
Patty Bedard spent the early years of her career working as an operator in the restaurant business. [read post]
15 Dec 2022, 2:07 am by Florian Mueller
It is a bit of a procedural oddity that the latter declined to appear in the Spanish court, but very much did show up at the ECJ hearing. [read post]