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19 Apr 2019, 4:00 am
This is a short summary of the full text of this article, which has the same title, and which was posted on the SSRN, March 25, 2019, pdf.; 62 pages The fact that lawyers lack the knowledge to challenge the reliability of technical sources of frequently used kinds of evidence, and the tolerating of its impact upon the ability to “do justice,” is due to the under-performance of a number of institutions within the justice system. [read post]
5 Jun 2012, 3:00 am
To repeat Doherty J.A. [read post]
22 Jul 2011, 10:06 am
Justice Dalveer BhandariSupreme Court of IndiaJustice Dalveer Bhandari and Justice H.L. [read post]
31 Dec 2023, 4:00 am
.: “I would dismiss the appeal … In sum, in respect of both the mental health and the after-the-fact evidence, I see no reviewable errors in the jury charge and, on these points, I would adopt the majority reasons of van Rensburg J.A. as my own, without reserve. [read post]
22 May 2022, 4:00 am
A majority of the Ontario Court of Appeal (MacPherson J.A. dissenting) overturned this verdict and ordered a new trial. [read post]
14 Oct 2014, 12:59 pm
The statute instructs the district court to consider the following four factors when deciding whether to grant a stay:(A) whether a stay, or the denial thereof, will sim- plify the issues in question and streamline the trial;(B) whether discovery is complete and whether a trial date has been set;(C) whether a stay, or the denial thereof, would unduly prejudice the nonmoving party or present a clear tactical advantage for the moving party; and(D) whether a stay, or the denial thereof, will… [read post]
6 Apr 2017, 1:35 pm
The initial text of the decision in The Medicines Company v. [read post]
26 Jan 2017, 9:13 am
In Tinnus v. [read post]
26 Oct 2021, 2:52 pm
INTRODUCTION In this post, I propose that the concept of bona fides, or acting in good faith, be applied to the conduct of constitutional actors. [read post]
13 Jan 2011, 1:17 am
FRAMEWORK FOR PRELIMINARY INQUIRY JUDGES In direct contrast to that histrionics that has marred public debate about the niqab, Doherty J.A., writing for a 3-0 Court of Appeal, began the judgement by describing the witness’s freedom of religion and the accused’s right to make full answer and defence as “apparently competing” interests (para 10). [read post]
25 Mar 2011, 8:29 pm
Since a determination of obviousness is made from the vantage point of a legal construct, a hypothetical person having ordinary skill in the pertinent art, In re Rouffet, 149 F.3d 1350, 1357 (Fed. [read post]
18 Nov 2011, 1:34 pm
Joint Appendix (“J.A [read post]
30 Apr 2011, 5:22 am
The CAFC decision was a mixed bag as to the Wellman patents:Because the specifica- tions of the Wellman patents do not set forth the best mode of carrying out the invention contemplated by at least one of the inventors, this court affirms the district court’s judgment with respect to best mode. [read post]
19 Dec 2019, 6:04 am
As the decade nears an end, there have been no shortage of decade in review pieces. [read post]
13 Dec 2009, 1:04 am
" J.A. 3749 (emphasis added) (citing definition from The American Heritage Dictionary of the English Language (2000)). [read post]
14 Feb 2019, 4:50 am
The ECJ does not expressly overrule its previous cases, but rather creates new distinctions and constantly re-interprets its older jurisprudence. [read post]
10 Dec 2009, 7:37 pm
J.A. 2027. [read post]
24 Aug 2006, 4:52 am
Pero toda la operación que propugnan se reduce a (re)establecer la genealogÃa de la norma desde el molde del strict constructivism y su sentido es bajo ese aspecto aclaratorio, pero no expansivo.La tercera escuela es la de los "contextualistas". [read post]
17 Jan 2017, 6:34 pm
On May 10, 2016 the sentencing appeals were heard and a decision was rendered by the Ontario Court of Appeal (Epstein, Pepall, and van Rensbrug JJ.A. presiding [Epstein J.A. writing for the Court]). [read post]
3 Mar 2011, 5:52 pm
.'' In re Kubin, 561 F.3d 1351, 1355 (Fed. [read post]
