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29 Dec 2011, 5:05 am
But after Ex Parte Robbins, there likely needs to be a separate legislative fix before the courts will be able or willing to act on significant numbers of non-DNA "actual innocence" habeas corpus claims - particularly regarding junk science, from arson cases to dog-sniffs - however valid or compelling. [read post]
29 Dec 2011, 1:30 am
Be sure to read Part One, Part Two, and Part Three of this series. 31. [read post]
28 Dec 2011, 12:34 pm
Any legislative solution that relies on ex parte or non-adversarial proceedings before a judge superficially appears to bake in due process but instead will suffer the same defect, even when we have great federal judges who try to do the right thing. [read post]
27 Dec 2011, 6:07 am
Let's clear the decks of a few items that, but for the holidays, probably each deserve more discussion than these brief blurbs. [read post]
24 Dec 2011, 2:58 pm
Nonetheless, he said, the court could not “circumvent such a clear directive from our Legislative Branch” without “utter disregard of the limitations of our judicial power. [read post]
24 Dec 2011, 11:01 am
In fact, the Guidelines, chapter E-III, 8.7, makes this clear by referring to the fact that it should be ensured (by the OD) that the parties file requests which are to the point and that claims are formulated appropriately. [read post]
22 Dec 2011, 7:48 am
After the Board denied rehearing of the decision in re-examination 90/007,802, Ex parte SP Controls, Inc., No. 2009-6008, 2010 WL 3448889 (B.P.A.I. [read post]
21 Dec 2011, 4:59 am
This year has seen several cases of this sort, with freedom of speech colliding with reputational damage and no clear winner emerging. [read post]
20 Dec 2011, 7:44 pm
If they could wave their magic wand and eliminate all that content from the Internet deus ex machina, they would. 3) Unfortunately for the FTC, they can't wave their magic wand, so they have to bring enforcement actions. [read post]
20 Dec 2011, 4:35 pm
Coombs asked Lamo whether it wasn’t clear that bradass87 intended their chat to be confidential. “A reasonable person would conclude that,” Lamo conceded. [read post]
18 Dec 2011, 3:48 pm
The partner applied, ex parte, under the Family Law Act 1996 for an order transferring the tenancy to him. [read post]
18 Dec 2011, 3:48 pm
The partner applied, ex parte, under the Family Law Act 1996 for an order transferring the tenancy to him. [read post]
16 Dec 2011, 8:04 am
Rara Aves: Cravath's Laterals, and Skadden's Ex-Retiree They say three's a trend, so what else can we say but that there is a trend of lateral hiring at Cravath? [read post]
16 Dec 2011, 8:04 am
Rara Aves: Cravath's Laterals, and Skadden's Ex-Retiree They say three's a trend, so what else can we say but that there is a trend of lateral hiring at Cravath? [read post]
15 Dec 2011, 6:25 am
The essay is divided into three principal parts. [read post]
14 Dec 2011, 11:54 am
" True Religion filed its lawsuit on November 15, and the court issued an ex parte TRO three days later. [read post]
14 Dec 2011, 4:05 am
"Scots drink more than any other part of the UK. [read post]
13 Dec 2011, 2:00 pm
But in the age of online vendors and automated billing, it may not be as clear cut as it once was. [read post]
13 Dec 2011, 11:22 am
The failure to adhere to this principle creates an apprehension of bias on the part of the Judge. [read post]
12 Dec 2011, 9:17 am
The lack of adequate consumer protection also leads to socially wasteful investments, ex post damages, shrinking share of consumer surplus, others. [read post]
