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10 Sep 2010, 8:07 am
Well, eliminating that kind of mutual ignorance is one of the things that this blog’s all about, so we thought we’d take a look at how §2 of the Third Restatement is faring these days.We see three important issues wrapped up in the Third Restatement – these being, (1) risk/utility balancing as the basic means of assessing liability, (2) the requirement of a feasible alternative design, and (3) employment of negligence-based “reasonableness" as the test. [read post]
27 Dec 2018, 9:05 pm
Investigators from the Centers for Disease and Prevention provide assistance to state officials during outbreaks that are defined by state boundaries, but the federal agency does not include one-state outbreaks in its regular reporting. [read post]
11 Apr 2012, 1:13 am
A substantially similar version of this article was initially published in Issue No. 1 2012 of the Business Law News of the California State Bar. [read post]
1 Mar 2012, 5:06 am
, supra, p. 1.) [read post]
9 Nov 2013, 9:07 am
The CJEU argued, however, that there is no equivalent autonomous concept in the Regulation, that art. 5 no. 3 must be interpreted restrictively and that the plaintiff could instead have sued under art. 5 no. 1 or art. 6 no. 1 of the Regulation. [read post]
2 Feb 2011, 8:45 am
Ruling 87-41, 1987-1, Cum. [read post]
12 Mar 2017, 5:26 pm
Company officials also provided the plaintiffs with an updated version of the draft S-1. [read post]
18 May 2011, 1:37 pm
Round 1: due process. [read post]
17 Mar 2016, 2:45 am
The big list: 1. [read post]
25 May 2007, 6:37 am
Damania does not receive a green card soon, he will be better off to leave the United States and take the couple's skills to another country. [read post]
25 Feb 2011, 1:03 pm
Does this trend reflect a durable change in attitudes towards crime and punishment, or is this about short-term fiscal pressures and the need to reduce bloated corrections budgets? [read post]
19 Sep 2014, 8:13 pm
‘The fact that exposure to [a substance] may be a risk factor for [a disease] does not make it an actual cause simply because [the disease] developed. [read post]
25 Aug 2017, 4:00 am
Comments may be submitted online by September 1, 2017. [read post]
6 Jan 2021, 5:01 am
Summary of Argument [1.] [read post]
22 Jan 2024, 9:01 pm
During his tenure, the Commission adopted a very significant and impactful regulation — rule 146 under the Securities Act of 1933 (the “Securities Act”).[1] If rule 146 does not ring a bell, do not worry. [read post]
29 Jan 2012, 12:49 pm
I read enough civil law to ensure that I’m not missing something which would make me a better criminal defense lawyer, but I have no wish to practice it.1 What I do know is that the world of criminal defense does not — neither in my own experience nor in stories I hear from other criminal defense lawyers — function as my friend believes it does. [read post]
24 Jan 2011, 11:25 am
The existing Indian family exception is a judicially created doctrine holding that the ICWA does not apply to those Indian children who have never been a member of an Indian home or culture and probably never would be.[14] Prior to the United States Supreme Court’s decision in Mississippi Band of Choctaw Indians[15], many states adopted the existing Indian family exception. [read post]
22 Nov 2011, 4:00 am
Accordingly, where the act of publication results in intimidation and coercion it is treated as an ordinary crime, and the liberty of the press does not then limit the jurisdiction of equity to protect property. [read post]
26 Apr 2022, 2:50 am
Lower Capital Allowances Lead to Slower Economic Growth Any cost recovery system that does not allow the full write-off of an investment—full expensing—in the year the investment is made denies recovery of a part of that investment, inflates the taxable income, and increases the taxes paid by businesses.[9] Lower capital allowances increase the cost of capital, which leads to slower investment and a reduction of the capital stock, reducing productivity, employment, and… [read post]
27 Jun 2022, 11:08 am
So what does this mean? [read post]