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The NPRM will be finalized and adopted at the agency’s August 7 meeting and may be modified prior to that based on feedback from interested parties. [read post]
24 Jul 2024, 9:48 am by centerforartlaw
Accordingly, the ECtHR did not have to adjudicate which party held an actual proprietary right to the statue.[17] This allowed the Court to bypass all the – rather thorny – questions of choice of law, which typically plague cultural property disputes.[18] In this case, for example, the ECtHR found that, after forty years of continuous possession, the Getty Museum had acquired a fair expectation in the “peaceful enjoyment” of the statue. [read post]
24 Jul 2024, 9:14 am by Alison Kalinski
§203(o) which allows parties to a collective bargaining agreement to exclude as compensable time spent changing clothes at the start or end of the workday (“donning and doffing”). [read post]
24 Jul 2024, 9:13 am by Kaufman Dolowich
“It definitely is a departure from the traditional view that most courts favor [which is] the right of parties to be able to contract on their own,” Alexander said. [read post]
24 Jul 2024, 9:09 am by Steven Schwartzapfel
Expert witnesses are sometimes used in civil cases like personal injury cases, workplace injury cases, and car crash cases when the plaintiff (the person who was injured) needs to prove that the defendant (the opposing party) is responsible for what happened. [read post]
24 Jul 2024, 9:00 am by AccelerateEditor
They can analyze the circumstances of your accident, gather crucial evidence, and identify liable parties. [read post]
24 Jul 2024, 8:42 am by Eugene Volokh
And the court also noted the unfairness of allowing plaintiff to proceed pseudonymously in a lawsuit that impugns a private individual's reputation: Defendant Moralez, whose alleged actions are the subject of this case, is clearly a private party. [read post]
24 Jul 2024, 8:11 am
In addition to a range of commercial pilot projects, the Chinese party-state has also embraced the use of blacklists for trust-breakers and credibility-based regulation to enhance its governing capacity to tackle a wide range of societal problems. [read post]
24 Jul 2024, 8:01 am by Dan Zammit
Emotional Stress: Extended conflict can lead to heightened emotional and psychological strain for both parties and their children. [read post]
24 Jul 2024, 8:00 am by Underwood Law Firm, P.C.
Second, the community property presumption is that the property being purchased with community funds of a married couple means the property belongs to the community (both parties) in a property dispute. [read post]
24 Jul 2024, 7:28 am by Guest Author
  The parties in Nixon did not focus their dispute on whether the appointment of the special prosecutor at issue was statutorily authorized. [read post]
24 Jul 2024, 7:02 am by Diane Foley
  Since July 31, 2023, 13 U.S. nationals have been taken hostage by Hamas and the Taliban, with six hostages released by Hamas, Jama’at Nusrat al-Islam wal-Muslimin (JNIM), and the Taliban through negotiations involving the United States, third parties, and other private efforts. [read post]
24 Jul 2024, 6:59 am by Samuel Wilkinson
Democrats argue the fact that losing party nominees must shut down their leadership committee while the winner’s committee may continue collecting funds unconstitutionally favors incumbents. [read post]
24 Jul 2024, 6:42 am by Kenan Farrell
The parties have begun the initial phases of discovery, having already submitted initial disclosures and filed their witness and exhibit lists. [read post]
The ultra-orthodox parties of Prime Minister Netanyahu’s government had unsuccessfully sought to cement the exception into law. [read post]
24 Jul 2024, 6:30 am by Guest Blogger
For the Balkinization Symposium on Alison L. [read post]
24 Jul 2024, 6:27 am by Marty Lederman
It’s common ground between the parties that if an Attorney General lacks statutory authority to authorize a Special Counsel to prosecute the case in the way the Smith appointment order contemplates, then that would resolve the legal question on statutory grounds (namely, that the Attorney General’s appointment order was ultra vires), regardless of the Appointments Clause. [read post]
24 Jul 2024, 6:26 am by Phil Dixon
Unrelated officer misconduct was not material on the facts of the case; motion to enforce plea bargain properly denied where the parties had not reached a firm agreement U.S. v. [read post]
24 Jul 2024, 6:10 am by Leesfield & Partners
Instead, these waivers can be used in court to show that a cruise line tried to warn the injured party of the risks associated with a certain activity. [read post]
24 Jul 2024, 6:00 am by Joy
Marriage contracts, also known as pre-nuptial agreements, enable spouses to privately determine how issues relating to their property and support will be resolved if they separate in the future.To ensure the enforceability of a marriage contract, both parties must make full financial disclosure to each other, receive independent legal advice and execute the agreement freely and voluntarily [read post]