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7 Feb 2012, 4:30 am
” Or, as I often put it to my students, “What does it mean to be a lawyer? [read post]
6 Feb 2012, 5:12 am
Supreme LEXIS 8 (February 2, 2012): As an initial matter, we must determine whether the People can assert for the first time on appeal that Melendez does not have standing to challenge the seizure of Jeffrey's vehicle. [read post]
5 Feb 2012, 4:39 pm
Feinson was being dealt with in reference to how bifurcation could be managed vis-à-vis the Rules of Procedure. [read post]
5 Feb 2012, 5:55 am
George VI was the better choice for war time. [read post]
3 Feb 2012, 4:05 pm
There shall be no restriction upon or derogation from and of the fundamental human rights recognized or existing in any State Party to the present Covenant pursuant to law, conventions, regulations or custom on the pretext that the present Covenant does not recognize such rights or that it recognizes them to a lesser extent. [read post]
3 Feb 2012, 1:52 am
A declaration does not have the effect of making primary legislation invalid. [read post]
2 Feb 2012, 6:59 am
Among the plan’s effects, Cisneros asserted, were the realigned balance of power among the branches, the reassertion of Congressional power vis-à-vis the President and the formation of factions within the Democratic party. [read post]
1 Feb 2012, 11:15 pm
Thus the meat of the claims are of a method, though the claim is of an apparatus, which is a transgression of §112 ¶2, indefiniteness, for mixed claim types, vis-à-vis IPXL v. [read post]
1 Feb 2012, 8:41 am
Mr Mulcaire argued that: (i) Information obtained by Mr Mulcaire from intercepting the voice messages of Ms Phillips and/or Mr Coogan was not ‘intellectual property’ and therefore section 72 cannot apply; (ii) If the information in question was ‘intellectual property’: (a) Mr Mulcaire would, if he were required to provide all the information ordered by Mann J, and some of the information ordered by Vos J, be at risk of being prosecuted for an offence which is not a… [read post]
1 Feb 2012, 7:47 am
The national security waiver does not alter condition (vi) above, which calls for a seemingly-unlikely degree of information sharing (well beyond the circumstances of the detainee in question) from the receiving state. [read post]
1 Feb 2012, 6:18 am
Mr Mulcaire argued that: (i) Information obtained by Mr Mulcaire from intercepting the voice messages of Ms Phillips and/or Mr Coogan was not ‘intellectual property’ and therefore section 72 cannot apply; (ii) If the information in question was ‘intellectual property’: (a) Mr Mulcaire would, if he were required to provide all the information ordered by Mann J, and some of the information ordered by Vos J, be at risk of being prosecuted for an offence which… [read post]
31 Jan 2012, 12:52 pm
The Court compared the Delaware General Corporation Law with the Delaware LLC Act, and the fact that the DGCL, like the LLC Act, “does not plainly state” that traditional fiduciary duties of loyalty and care “apply by default. [read post]
31 Jan 2012, 8:35 am
"[T]he program does not necessarily enhance the patent expertise of the participating districts vis-à-vis other districts. [read post]
29 Jan 2012, 1:59 am
Constitution (Article VI, Section 2): "This Constitution, and the Laws of the United States . . . shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding. [read post]
28 Jan 2012, 10:13 pm
Even the bills themselves acknowledge the potential tension with the Supremacy Clause of the US Constitution (Article VI, Section 2): "This Constitution, and the Laws of the United States . . . shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding. [read post]
27 Jan 2012, 2:21 pm
Under section 5(e) of the CPA: (e) there is a representative plaintiff or defendant who, (i) would fairly and adequately represent the interests of the class, (ii) has produced a plan for the proceeding that sets out a workable method of advancing the proceeding on behalf of the class and of notifying class members of the proceeding, and (iii) does not have, on the common issues for the class, an interest in conflict with the interests of other class members. 1992, c. [read post]
27 Jan 2012, 5:33 am
In Batiste, the plaintiff was injured on the job, which meant that his sole remedy vis a vis his employer was workers' compensation. [read post]
25 Jan 2012, 3:18 pm
By Artin Shaverdian, Esq. [read post]
24 Jan 2012, 5:30 am
Grade: B Super Bowl VI 1971 Seems pretty advanced for its day. [read post]
24 Jan 2012, 3:29 am
But it does seem clear that the UKSC is understood by many to be a new constitutional court, intended in its upholding of the (Union) constitution further to bind the Union. [read post]
