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24 Mar 2015, 5:17 pm
This holding, however, does not mandate that the Court of Claims' modified judgment be reversed and the claim dismissed. [read post]
15 Mar 2015, 11:00 am
What does the North Korean case tell us about the history of such “freezes”? [read post]
2 Jul 2023, 3:46 pm
In light of the board’s potential conflict of interest vis-à-vis the shareholders, however, judicial review was to be somewhat more intrusive than under the traditional business judgment rule: “Because of the omnipresent specter that a board may be acting primarily in its own interests, rather than those of the corporation and its shareholders, there is an enhanced duty which calls for judicial examination at the threshold before the protections of the business… [read post]
5 Oct 2015, 4:07 pm
Although this distinction may have been an exercise in damage control by the Court, it puts media organisations at a significant disadvantage vis-à-vis Internet giants such as Facebook or Youtube. [read post]
9 Jul 2020, 7:49 am
VI. [read post]
3 Jul 2017, 12:48 pm
The FCA is also amending its guidance on how quickly research charge deductions should be passed into a research payment account (RPA) and clarifies that it does not require investment managers to have a single RPA per research budget; client categorisation. [read post]
14 Apr 2016, 4:59 pm
[iv] In particular, Best Buy is significant because it holds that a defendant’s “front-end” showing is alone sufficient, at least on these facts, and that a defendant does not also have to make a “back-end” showing (i.e., whether the stock-price decline at the time of the alleged “corrective [read post]
6 Feb 2023, 6:18 am
In 2019, a unanimous Appeals Chamber of the ICC decided in the same vein in the Jordan Referral re Al-Bashir Appeal and found that “there is neither State practice nor opinio juris that would support the existence of Head of State immunity under customary international law vis-à-vis an international court (emphasis added). [read post]
15 Aug 2011, 2:00 am
[vi] A claimed process is surely patent-eligible under § 101 if: (1) it is tied to a particular machine or apparatus, or (2) it transforms a particular article into a different state or thing. [read post]
12 Oct 2011, 10:00 pm
But this case is a very good example of a judicial decision resting on inadequate data, putting the Home Secretary in the “unenviable position” vis a vis the Immigration Rules policy. [read post]
18 Jul 2018, 3:45 am
[vi] Id. at 78. [read post]
25 Nov 2014, 4:00 am
Cutting costs by cutting competence, i.e., using people of lesser training and competence than a lawyer - student and paralegal programs; – unbundling, i.e., the client does more so that the lawyer does less and costs less; 3. [read post]
18 Apr 2007, 9:50 am
That argument goes like this: (1) Society is characterized by moral pluralism - that is, by a diversity of reasonable views about what is required as a matter of rights and justice; (2) people share an interest in living together in conditions of relative peace and stability, and working together on common projects, despite their disagreements; (3) people would like their views about rights and justice to be considered in the formation of a common framework for coexistence and… [read post]
14 Jan 2023, 11:33 am
The Notice states the MLC “does not follow the Office’s rulemaking guidance”[iii] regarding terminations, and that The MLC, Inc. [read post]
23 May 2018, 8:12 am
Clarke and Upper Skagit are clear: (1) litigation should not be the primary device to resolve disputes with any sovereign government and (2) there is no legal basis to impose different legal principles as between State and tribal sovereigns unless Congress, vested with plenary power vis-à-vis tribes in the Constitution, expressly articulates one. [read post]
21 Feb 2020, 9:04 am
Florida, like most States, has a long-standing history of permanently dis-enfranchising persons convicted of a serious crime; indeed, Article VI of the Florida Constitution expressly provided that "no person convicted of a felony … shall be qualified to vote. [read post]
28 Nov 2022, 1:06 am
Torture does not occur in a social vacuum. [read post]
4 Jun 2024, 10:30 pm
Some contextual challenges of EU law vis-à-vis LGBTIQA+ matters will also be highlighted. [read post]
29 Jun 2023, 7:45 am
The Biden administration has strengthened the United States’ hand, and that of other democracies, vis-à-vis authoritarian regimes – like China – that have denied access to places of detention on purported security grounds. [read post]
14 Jun 2012, 8:31 am
Moreover, a state-party to the LOSC (like China) might argue that, whatever the conventional rule, it is a persistent objector to any putative customary law analogue to the conventional rule vis-à-vis non-parties. [read post]
