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24 May 2007, 10:40 am
Harper & James, in their tort treatise, said much the same thing: "conformity to the legislative standard. . .may so clearly constitute due care under the circumstances of any given case that the court will decide it does as a matter of law. [read post]
28 Aug 2006, 6:47 am
  They are deeply biased in favor of views they favor, are quite often intolerant of other views, and evade the central point or points of a matter in order to arrive at preordained decisions they wish to arrive at. [read post]
12 May 2023, 12:41 pm
Special Rapporteur on the independence of judges and lawyers wrote that the appointment arrangement under the NSL could contribute to undermining the independence of the judiciary.[13]             A Hong Kong defense lawyer observed that in practice, conviction-oriented judges were rewarded with promotions to higher courts, whereas those who followed traditional common law standards would see their careers stalled.[14] For example, at… [read post]
17 Jul 2013, 4:47 pm by Steve Sady
And what does it matter if the defendant’s conduct matched the predicate crime regardless of the technical details of the conviction? [read post]
9 Jan 2014, 1:37 pm
App. 1983) (“As a practical matter, the effect of putting at least ten warnings on the [product] would decrease the effectiveness of all of the warnings. [read post]
15 Nov 2015, 7:48 pm by Marty Lederman
 Thus, in their closing post, symposium conveners Adam Cox and Cristina Rodriguez expressed surprise that the work authorization question had so quickly "receded" from both sides of the debate; one reason for this, they surmised, was that the question "quickly came to be seen as a matter of straightforward statutory delegation. [read post]
4 Apr 2016, 2:35 pm
This post examines an opinion from the Appellate Court ofIllinois – Second District:  People v. [read post]
12 Mar 2013, 5:33 am by Stephen Page
Under subsection (2), in addition, the issuing authority must consider the following: (a) any family law orders in force in relation to the defendant, or any pending applications for family law orders in relation to the defendant, of which the issuing authority has been informed; (b) the accommodation needs of the protected person; (c) the defendant's criminal record as defined in the Criminal Records (Spent Convictions) Act ; (d) the defendant's previous conduct whether in relation to the protected… [read post]
25 Feb 2015, 11:46 am by Marty Lederman
  This is and always has been simply a matter of statutory interpretation:If, as the government argues, Congress has conferred upon the Secretary the discretion to defer removal of these aliens – and to authorize employers to hire those aliens, see 8 U.S.C. [read post]
23 Feb 2023, 7:07 am by Eleonora Rosati
The address for service mess for UK trade marksTradeix Ltd v New Holland Ventures (MARCO POLO) O/681/22 UKIPO (August 2022)The UKIPO has a generous policy for who it allows to act as representatives in UK trade mark matters. [read post]
8 Jul 2021, 7:11 pm by Vercammen Law
 Rooming House Act did not apply to Assisted Living Facility here ESTATE OF JAMES BURNS, by and through BRIAN BURNS, EXECUTOR,v CARE ONE AT STANWICK, LLC d/b/a CARE ONE HARMONY VILLAGE AT MOORESTOWN and CARE ONE, LLC,SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISIONDOCKET NO. [read post]
6 Nov 2017, 3:00 am by Garrett Hinck
Tuesday, November 7 at 4:30 pm: Steptoe & Johnson LLP will host a live taping of the Cyberlaw Podcast titled Election Cybersecurity: How Bad Is It and What Can We Do About It? [read post]
23 Feb 2023, 12:42 pm by Norman L. Eisen
“And this is my personal cell phone, Brian,” Perry said during his first exclusive interview on the matter with Fox News. [read post]
20 Jul 2021, 9:17 am by Phil Dixon
In support of the request, he argued that he had previously represented himself effectively and, although he was convicted in the matter, the conviction was overturned on appeal. [read post]
3 Jan 2019, 7:50 am by Eric Goldman
What we consider here is that the making of unauthorized reproductions in pursuit of an objective to distribute protected matter in competition with the rights holder. [read post]
9 Apr 2009, 10:46 am
Here, we cannot say that, as a matter of law, plaintiffs are barred from relief. [read post]