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Attacking horizontal gaze nystagmus evidence.

2 Mar 2010, 9:00 pm

Clark, supra; State v. [read post]

Underdog Blog - http://katzjustice.com/underdog/

When determining whether a restraining order should be issued based on an act of assault or, for that matter, any of the predicate acts, the court must consider the evidence in light of whether there is a previous history of domestic violence, and whether

2 Mar 2010, 3:06 pm by PaulKostro

” Cesare, supra, 154 N.J. at 404 (citing State v. [read post]

NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues

If a support arrangement provided for the circumstances that are now alleged as changed, it would not ordinarily be equitable and fair to grant modification

2 Mar 2010, 2:52 pm by PaulKostro

Innes, 117 N.J. 496, 518 (1990) (stating a settlement agreement should be enforced by a trial court only to the extent it is equitable and just); Miller v. [read post]

NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues

The Rape Sieve Rule?: According to Dissent, Opinion Abrogates Every Rape Shield Statute in the Sixth Circuit

2 Mar 2010, 8:15 am by Colin Miller

Gagne v. [read post]

Feminist Law Professors - http://feministlawprofessors.com

District Court Judge Provides Another Reminder of Dysfunctional State of the Federal Circuit's Claim Construction Jurisprudence

1 Mar 2010, 9:33 pm by Patent Docs

Inc. v. eSpeed Inc. [read post]

Patent Docs - http://www.patentdocs.org/

Recent Articles and Books of Interest

1 Mar 2010, 4:00 am by Howard Friedman

Marcovitz, (Dalhousie Law Journal, Vol. 32, No. 1, pp. 153-176, 2009).Dimitry Kochenov, On Options of Citizens and Moral Choices of States: Gays and European Federalism, (Fordham International Law Journal, Vol. 33, No. 1, 2009).Heather Kennedy, Pleasant Grove v. [read post]

Religion Clause - http://religionclause.blogspot.com/

Static

27 Feb 2010, 4:59 pm

Abbott Labs. v. [read post]

Patent Prospector - http://www.patenthawk.com/blog/

Visiting Judge Explains Potential Downfalls of De Novo Standard of Claim Construction Review

26 Feb 2010, 4:05 pm by Justin E. Gray

Int'l, Inc. v. eSpeed, Inc. [read post]

Gray On Claims - http://www.grayonclaims.com/home/

The crime of terroristic threats requires a showing of three essential elements: (1) that the defendant in fact threatened the plaintiff; (2) that the defendant’s intent was to threaten the plaintiff; and (3) that a reasonable person, under an objective s

26 Feb 2010, 8:02 am by PaulKostro

See State v. [read post]

NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues

Trial judges may intervene in questioning witnesses, especially in cases involving pro se litigants

26 Feb 2010, 7:56 am by PaulKostro

In State v. [read post]

NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues

Concealment and surprise are not to be tolerated in a modern judicial system

26 Feb 2010, 7:49 am by PaulKostro

” McKenney, supra, 167 N.J. at 370; see also United States v. [read post]

NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues

Environmental Law and Climate Change Law Newsletter, February 25, 2010, vol.2, no. 7

25 Feb 2010, 10:57 am by admin

“It is critical that the state not offer carbon credits for business-as-usual management by timber companies or, worse, encourage clearcutting and other destructive logging practices while doing nothing to address the immediate impacts of climate change. [read post]

Taber Law Group - http://taberlaw.com

Attainment of age eighteen establishes prima facie, but not conclusive, proof of emancipation

25 Feb 2010, 9:04 am by PaulKostro

Guliadis, 128 N.J. 318, 322 (1992) (holding that plenary hearings are required when there are “contested issues of material fact on the basis of conflicting affidavits”); see also State v. [read post]

NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues

If the trial judge misconceives the applicable law or misapplies it, the exercise of legal discretion lacks a foundation and becomes an arbitrary act

25 Feb 2010, 8:55 am by PaulKostro

Div. 2008) (quoting State v. [read post]

NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues

An issue of fact is genuine only if, considering the burden of persuasion at trial, the evidence submitted by the parties on the motion, together with all legitimate inferences therefrom favoring the non-moving party, would require submission of the issue

24 Feb 2010, 12:41 pm by PaulKostro

V. [read post]

NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues

Our capacity to be just is measured by our capacity to do justice to those most in need of it.

24 Feb 2010, 6:11 am by pfriedman

The only way to do justice is to provide opportunities for justice. 50 years ago, in Gideon v. [read post]