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4 Aug 2013, 9:01 pm
As opposed to calling something a “penalty,” which conveys social disapproval, “[c]alling something a tax . . . makes the matter appear more of a choice: buy health insurance or pay the government for failing to do so–we don’t care. [read post]
1 Aug 2013, 8:26 pm
For present sanctions purposes it is significant that Fluker held that failure by a civil court to exercise subject matter jurisdiction to resolve a church property dispute "simply because the litigants are religious organizations, may deny a local church recourse to an impartial body to resolve a just claim, thereby violating its members' rights under the free exercise provision, and also constitute a judicial establishment of the hierarchy's religion". [read post]
31 Jul 2013, 11:39 pm
The first issue includes a number of papers of interest for readers of this blog: a Brief Overview of Private International Law in Brazil (Carmen Tiburcio), an article on Cross-Border Consumption and Brazilian Law (Raphael Carvalho de Vasconcelos) and an article on the CISG and Party Autonomy in Brazilian International Contract Law (Iacyr de Aguilar Vieira) H/T: Gustavo Vieira da Costa Cerqueira Related posts:Sources of French and Brazilian Private International Law Compared… [read post]
31 Jul 2013, 5:01 pm
In the absence of any further convincing argument or evidence, the Board could also not accept the [applicant’s] initial allegation that the skilled person would not know how to construct the capsule with a freely rotatable inner housing within the outer shell H as disclosed in D7 […]. [read post]
30 Jul 2013, 12:07 pm
Thus, even if the “closely related offense” doctrine were available in “law-of-war” trials under Article 21 [N.B.: the Court of Appeals for the Armed Forces unanimously held such a doctrine to be a violation of due process, even in a military trial, in 2010 (H/T: Chad Fisher)], the statute that actually authorized Bahlul’s trial doesn’t itself allow for it. [read post]
30 Jul 2013, 10:53 am
Martin Westgate’s attempt to argue that the bedroom tax is not a matter of “high policy” was unsuccessful (at [58]). [read post]
30 Jul 2013, 10:53 am
Martin Westgate’s attempt to argue that the bedroom tax is not a matter of “high policy” was unsuccessful (at [58]). [read post]
30 Jul 2013, 10:53 am
Martin Westgate’s attempt to argue that the bedroom tax is not a matter of “high policy” was unsuccessful (at [58]). [read post]
29 Jul 2013, 5:56 am
Size Matters. [read post]
26 Jul 2013, 7:23 am
H/t to Adler. [read post]
24 Jul 2013, 11:55 am
” And a finding of guilt occurs at the lowest possible threshold—a preponderance of evidence, or 50.01 percent.In explaining the new penalties, Moneta didn’t reference the lacrosse case, or explain why a campus that witnessed such an extraordinary violation of due process wouldn’t be vigilant about due process on such matters in the future. [read post]
19 Jul 2013, 6:14 am
But that didn’t matter anyway because “the court addresses the affirmative defense but disposes of its ruling on separate grounds. [read post]
17 Jul 2013, 4:47 pm
And isn’t there a body o [read post]
16 Jul 2013, 3:06 pm
So from Bruce’s perspective as a matter of copyright law he may have acquired it lawfully, even though it was an infringing copy. [read post]
15 Jul 2013, 8:42 am
On the other hand, the Government’s interest is substantial in this matter. [read post]
15 Jul 2013, 8:42 am
On the other hand, the Government’s interest is substantial in this matter. [read post]
10 Jul 2013, 1:32 pm
The court says these notices don’t matter, because Fung had “red flag” knowledge of a “broad range of infringing activity. [read post]
10 Jul 2013, 10:03 am
” This matter involved the regulatory authority of the Board and the County, not any relief against individual water rights holders. [read post]
10 Jul 2013, 5:03 am
[H]e concluded that Monnin made the statements with `actual malice. [read post]
8 Jul 2013, 8:38 am
I am aware (h/t Patrick Gingras) of one Canadian case, where a labour arbitrator was disqualified by the Federal Court because his FB pages showed social links to a minister who had appointed him and to another who was — via his department — a party before him. [read post]
