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11 Mar 2017, 6:47 pm by Josh Blackman
However, the order does not rest its case solely on a country’s vetting mechanism. [read post]
7 Mar 2012, 8:26 am by GPL
 The Court restated its test for whether an injury arose out of "use" of a motor vehicle:[T]urns on consideration of:  (i)  the physical proximity of the injury site to the vehicle; (ii) the nature of the conduct which caused the situation of jeopardy; and (iii) whether the vehicle was being utilized in the plain and ordinary sense of the word. [read post]
23 Mar 2011, 11:46 pm by Orin Kerr
If this new decision holds, Article III standing to challenge surveillance programs would seem to now be pretty simple.Whether you like the new decision or not, I suspect it’s not the last we’ve heard on this issue. [read post]
4 Mar 2011, 10:08 am by James Edward Maule
Chabot, for whom I served as attorney-advisor from 1978 through the end of 1980.During the 1980s I learned that one of my ancestral lines included the Holcomb family (with the details in this chart). [read post]
13 Feb 2006, 12:23 pm by Unknown
If it is a creditor's burden to come forward and demonstrate that either 362(c)(3)(C)(i)(I) (multiple prior filings) or 362(c)(3)(C)(i)(II) (a "bad" prior dismissal) give rise to a presumption, then a debtor's motion might only have to generally allege that the new filing is in good faith and describe sufficiently changed circumstances to avoid a presumption arising from 362(c)(3)(C)(i)(III). [read post]
1 May 2014, 5:00 am by JB
In Volume I, it is an outgrowth of the New Deal activist state; in Volume III, it is also a constitutional transformation in its own right.Ackerman does not call attention to the changes in his theory in Volume III, in large part because he wants the reader to focus on the history of a tumultuous period. [read post]
2 Oct 2011, 5:01 pm by Juan Antunez
Ann also wrote: “If Mary Jane Eaton dies before I do, I leave all listed to James Michael Aldrich, 2250 S. [read post]
20 Oct 2020, 8:00 am by JB
The Judicial Power and the Interpretation/Construction DistinctionArticles I, II, and III contain a list of the powers of the three branches. [read post]
6 Jan 2023, 9:30 am by Mona Paulsen
Connecting the phrase in sub-paragraph (iii) to the other subparagraphs (i) and (ii) led the panel to find that all three sub-paragraphs share the same interests. [read post]
6 Jan 2023, 9:30 am by Mona Paulsen
Connecting the phrase in sub-paragraph (iii) to the other subparagraphs (i) and (ii) led the panel to find that all three sub-paragraphs share the same interests. [read post]
25 Jul 2017, 1:12 am by Jani Ihalainen
Having made its way through the Dutch courts, the case ultimately ended up with the CJEU, and prior to their judgment Advocate General Szpunar aimed to give the court guidance on the issue.The question referred to the Court was "[i]s the notion of ‘shape’ within the meaning of Article 3(1)(e)(iii) of Directive 2008/95... limited to the three-dimensional properties of the goods, such as their contours, measurements and volume (expressed… [read post]
27 Apr 2022, 5:52 am by Rebecca Tushnet
“Second, because Spokeo uses Newell’s persona for commercial gain—that is, to incentivize people to subscribe—it reasonably implies that his persona does have at least some commercial value. [read post]