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12 Feb 2013, 5:01 pm by oliver randl
In its decision J 9/84 [4] the Legal Board of appeal explained that the main purpose of R 31 EPC [1973] was “to induce the applicant to limit the protection sought to a certain number of claims, in the first instance for the purposes of the European search”. [read post]
10 Feb 2013, 2:58 pm by NL
The key points from Burnip would be that the shortfall was discriminatory because a) their HB was based on one room less than their objective needs, and b) – breaking new ground - drawing on Thlimmenos v Greece (2001) 31 EHRR 15, the right is also violated “when states without an objective and reasonable justification fail to treat differently persons whose situations are significantly different”.It is also worth noting Henderson J’s… [read post]
10 Feb 2013, 2:58 pm by NL
The key points from Burnip would be that the shortfall was discriminatory because a) their HB was based on one room less than their objective needs, and b) – breaking new ground - drawing on Thlimmenos v Greece (2001) 31 EHRR 15, the right is also violated “when states without an objective and reasonable justification fail to treat differently persons whose situations are significantly different”.It is also worth noting Henderson J’s… [read post]
10 Feb 2013, 11:51 am by Steve Kalar
The defendant . . . insists that Rule 32(i)(3)(B) extends the district court’s fact-finding responsibility to all matters controverted, no matter how they are presented, throughout the entire sentencing phase. [read post]
8 Feb 2013, 12:02 pm by Jon Sands
Petri, No. 11-30337 (Tallman, J., joined by Schroeder and McKeown, JJ)The Ninth Circuit affirmed a 60-month sentence imposed (Lasnik, J.) for participation in an ATM skimming conspiracy. [read post]
7 Feb 2013, 1:54 pm by Patrick S. O'Donnell
A remarkable new examination of Fromm’s life and work by Lawrence J. [read post]
7 Feb 2013, 1:18 pm by Jon Sands
Adams, No. 09-56902 (Graber, J., with Lucero [10th Cir.], J; dissent by Kleinfeld, J.)The Ninth Circuit affirmed the grant (Carney, D.J.) of a California state prisoner's § 2254 petition. [read post]
31 Jan 2013, 2:39 pm
The use of the signs amounted to unfair competition against Hotel Cipriani and was not in accordance with honest practices in industrial and commercial matters [read post]
31 Jan 2013, 1:38 pm by Matthew L.M. Fletcher
After graduating from law school, Kelly clerked for the Honorable Donald J. [read post]
24 Jan 2013, 4:00 am by Administrator
In order to fulfil the above functions, appellate courts require a broad scope of review with respect to matters of law. [read post]
23 Jan 2013, 3:09 pm
Turning to that portion of the defendant's motion which seeks dismissal in the interests of justice, CPL 170.40 (1) provides, in relevant part, that the criminal charge against the defendant "may be dismissed in the interest of justice when, even though there may be no basis for dismissal as a matter of law such dismissal is required as a matter of judicial discretion by the existence of some compelling factor, consideration or circumstance clearly demonstrating that conviction or… [read post]