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11 Mar 2007, 7:48 am
In admiralty, a ship itself becomes the subject of a proceeding in rem and can be found "guilty. [read post]
26 Jul 2017, 8:30 am
The court goes on to note that thegovernment characterizes the distinction between a traditional search warrant and a § 2703 warrant as one of in rem versus in personam jurisdiction – whether the court is authorizing the government to search for and seize certain property or whether the court is ordering a person to do something. [read post]
31 Aug 2014, 9:42 am by Administrator
Ces critères additionnels revêtent une importance dans les présentes procédures, particulièrement en ce qui concerne la preuve offerte par l’expert Massell, un spécialiste en histoire de l’hydroélectricité présenté par la demanderesse. [read post]
25 May 2023, 3:00 pm
Admiralty Maritime Law Liens Loans (Admiralty) Preferred Naval Mortgage Bareboat Charters Standstill Agreements London Maritime Arbitration Association Dispute Resolution Clause  State-Created Liens Attachment of the Vessels under Texas State Law     Appeal from the United States District Court for the Southern District of Texas, USDC No. 4:19-CV-1963  In 2008, Intervenors-Appellees Caterpillar Financial Services… [read post]
2 Jan 2019, 2:55 pm by MOTP
The affirmative defense of quasi-estoppel precludes a party from asserting, to another's disadvantage, a right inconsistent with a position she has previously taken. [read post]
24 Mar 2017, 10:16 am by John R. Phillips
’”  The 10th Circuit believed that § 2462 used “forfeiture” in a narrow historical sense—as “an in rem procedure to take ‘tangible property used in criminal activity. [read post]
5 Jun 2013, 5:29 am by Schachtman
Supp. 247 (1984), rev’d on other grounds, 816 F.2d 1417 (10th Cir. 1987) In re TMI Litig., 927 F. [read post]
13 Sep 2009, 3:35 am
In admiralty, a ship itself becomes the subject of a proceeding in rem and can be found "guilty. [read post]
2 Jul 2023, 6:00 am by Lawrence Solum
In admiralty, a ship itself becomes the subject of a proceeding in rem and can be found "guilty. [read post]
22 Apr 2012, 5:00 am by Lawrence Solum
In admiralty, a ship itself becomes the subject of a proceeding in rem and can be found "guilty. [read post]
26 Dec 2010, 4:45 pm by Lawrence Solum
REV. 450 (1972) Richard Tur, The 'Person' in Law in Persons and Personalit [read post]
25 Apr 2015, 11:03 am by Schachtman
The first edition of the Reference Manual on Scientific Evidence [Manual] was published in 1994, a year after the Supreme Court delivered its opinion in Daubert. [read post]
9 Aug 2010, 10:37 pm by Xiaomin (Samantha) Hu
Under this approach, a court will issue an injunction if it determines that the foreign litigation: (1) would frustrate a policy of the enjoining court, (2) would be vexatious or oppressive, (3) would threaten the issuing court’s in rem or quasi in rem jurisdiction, or (4) would prejudice any other equitable considerations.10   The Restrictive Approach The majority of courts, including the First, Second, Third, Sixth, Eighth, and D.C. [read post]
23 Jul 2013, 7:07 am by Devlin Hartline
”5 Section 204(a) ensures that in transactions involving the “transfer of the in rem exclusive rights created by copyright law,” there are “clear chains of title and clear delineation of the open-ended subdivisions of exclusive rights permitted under the 1976 Act. [read post]