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9 Sep 2013, 12:05 am
Canadian Courts May Attract Securities Claims, But Claimants Still Must Show They Belong There: Much has been written (on this site and elsewhere) about the possibility that Canada might become a destination for would-be securities plaintiffs. [read post]
7 Sep 2013, 9:01 pm
We then explored the form and legal "cultures" of the principal forms of law in the American Republic. [read post]
6 Sep 2013, 6:36 am
Why do these guidelines send those who may wish transactional licensing permission to an American collective? [read post]
5 Sep 2013, 9:57 am
In an American Society of International Law “Insight” essay published last Friday (online here, pdf here), I lay out several of the basic conceptual divides and pointed out ways in which their methodological and conceptual foundations can lead to very different arguments and conclusions about “international law” and proposed US action. [read post]
3 Sep 2013, 4:00 am
But the line of reasoning that focuses on the old, common law definition of larceny neglects to take account of the fact that the modern definition of property for purposes of theft statutes has been broadened to include both tangible and intangible property.5 For example, the paradigmatic Model Penal Code, published first in 1962 by the sages at the American Law Institute, defines property for purposes of theft very broadly: “‘property’ means anything of value,… [read post]
3 Sep 2013, 1:38 am
The SEC and the Harbinger defendants, including Falcone, had actually reached an earlier settlement in principle to resolve the case that reflected the traditional “neither admit nor deny” approach. [read post]
2 Sep 2013, 1:24 pm
The third source of law, the local law of a state, is also based on custom and tradition but more importantly is manifested by the actions of institutional actors who have been empowered to act on behalf of the people. [read post]
30 Aug 2013, 7:35 am
This ”freemium” trend has also been noted for legal professionals in the American Bar Association’s Legal Technology Survey Report, where 56% of the respondents use a free online source for their legal research. [read post]
29 Aug 2013, 3:27 pm
In particular, many objections were made to the description of traditional public engagements such as teaching and going to librarian and archivist conferences as potentially 'high risk activities' that may pose a problem under the code's provisions." [read post]
29 Aug 2013, 1:48 pm
Some day the Supreme Court will see the light on this issue--as Americans' affiliations with traditional religious institutions continue to wane and agnostics, atheists and those merely spiritually inclined but unaffiliated with any religious institution claim, with increasing ardor, their civil rights not to support religious institutions and not to have religious institutions discriminate against them.] [read post]
29 Aug 2013, 9:44 am
Yes, some do it for prestige or out of loyalty to a long-standing family tradition or because they want their children to eventually work at Slate. [read post]
26 Aug 2013, 7:12 pm
Rather it is the power to substitute for traditional bases of behavior or social rules another set. [read post]
26 Aug 2013, 12:37 am
That earlier settlement agreement reflected the traditional “neither admit nor deny” approach. [read post]
25 Aug 2013, 1:44 pm
For this class we look at the last of the traditional sources identified in the Institutes--customary law. [read post]
21 Aug 2013, 9:01 pm
They, instead, were forced to institute a formal name-change proceeding for the child, subsequent to his or her birth. [read post]
21 Aug 2013, 7:59 am
Interpretation tries to figure out the Constitution's original communicative content, while construction builds out doctrines, institutions and practices over time. [read post]
21 Aug 2013, 7:43 am
In a key address on the PATH Act, House Financial Services Chair Jeb Hensarling (R-TX) explained that the Protecting American Taxpayers and Homeowners (PATH) Act principally relies upon private capital and market discipline and includes four fundamental goals essential to the development of any free market. [read post]
20 Aug 2013, 1:58 pm
Collectively, they signify a pathological problem with this institution. [read post]
17 Aug 2013, 9:21 pm
Plaintiffs American Institute of Physics, John Wiley & Sons, Inc., and Wiley Periodicals, Inc. [read post]
15 Aug 2013, 8:10 am
Once general principles of institutional structures are understood, it is possible to contextualize these insights within the realities of the American Republic--the general government, the administrative branches, inferior political units, and the residuary role of the people as ultimate sovereigns. [read post]
