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21 Jul 2016, 1:54 pm by Eugene Volokh
Not a personal discretion of the individual judge, not caprice, not sympathy, but a judicial discretion—one based upon the principles which had activated the Chancellors of the past—which enabled the court to consider a variety of factors that might be involved in the particular case and evaluate them, weighing one against the other, before coming to its conclusion.[15] The mode of reasoning associated with the Chancery overlaps to a great degree with the first two meanings of… [read post]
22 Jun 2016, 6:19 am
Once associated with the construction of political “persons” the normative structures in constitutionalism have opened the possibility of using its frameworks for the embodiment of any organized group that wants to govern itself. [read post]
17 Jun 2016, 6:02 am by Kelly Phillips Erb
Mitch McConnell (R-KY), the Institute for Justice and the National Rifle Association, the case was re-argued. [read post]
8 Jun 2016, 2:49 pm by Kevin LaCroix
On May 23, 2016, in an interesting development in one of the more high profile lawsuits to arise out of the financial crisis, the Second Circuit reversed the $1.27 billion civil penalty that Southern District of New York Judge Jed Rakoff  imposed on Countrywide and several related defendants in a case involving the company’s sale of mortgages to government sponsored entities. [read post]
19 May 2016, 1:37 pm by Rebecca Tushnet
 Sam McClure, Institute of Scrap Recycling Industries, Inc.: should be purely presumptive renewal without even the initial filing. [read post]
18 May 2016, 8:58 am by Joy Waltemath
Flambeau, Inc., the employers did not use wellness programs in a manner consistent with the application of the safe harbor provision, according to the commission. [read post]
6 May 2016, 8:15 am by Terri Nappier
His résumé includes time as a corporate attorney, associate and partner with one of the largest law firms in Chicago, and founder and chairman of two business outsourcing companies. [read post]
3 May 2016, 12:09 am by Bill Marler
Most of the botulism events that are reported annually in the United States are associated with home-canned foods that have not been safely processed. [read post]
2 May 2016, 8:54 pm by Rebecca Tushnet
  W/r/t knowledge, the courts have basically gotten it right. [read post]
1 May 2016, 1:49 pm by streetartandlaw
As written in the complaint “nothing is more antithetical to the outsider “street cred” that is essential to graffiti artists than association with European chic, luxury and glamour—of which Moschino is the epitome“. [read post]
28 Apr 2016, 11:29 am by David Fraser
Following the important decision by the European Court of Justice in Google Spain SL, Google Inc. v Agencia Española de Protección de Datos, Mario Costeja González (2014), which found a “right to be forgotten” in the European Data Protection Directive, it is natural to ask if there is an equivalent or similar right to be forgotten in Canada. [read post]