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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]
23 Jan 2012, 3:57 pm
Does the rationale of McGuire survive Jones? [read post]
23 Jan 2012, 5:19 am
In its recent submission to the Human Rights Committee, the United States has backed off a long-standing position: that international human rights law does not apply in a time of armed conflict when international humanitarian law applies.The change occurs in the Fourth Periodic Report of the United States to the U.N. committee, which monitors states parties' compliance with the International Covenant on Civil and Political Rights.As noted Saturday in our first post on the Fourth… [read post]
20 Jan 2012, 6:34 am
Undertakings with large presence in one jurisdiction may not have sufficiently significant presence in other jurisdictions that crosses notification triggers (see Indonesia: Microsoft’s Acquisition Of Skype Does Not Need Notification). [read post]
19 Jan 2012, 3:37 pm
I’ll have to be honest and say that I have no idea what the PM’s Office Minister in Thailand does, but U.S. businesses doing business with the government of Thailand should be wary and make sure that Ms. [read post]
19 Jan 2012, 6:44 am
In practice it seems these questions are mostly answered by upholding both the treaty character and the institutional law character of such rules.If and when the law of treaties is applied, interpretive practice vis-à-vis constitutive treaties differs notably from general treaty interpretation on two counts. [read post]
18 Jan 2012, 4:10 am
VI), — F. [read post]
17 Jan 2012, 9:30 am
[vi] 17 N&CR p. 33 [vii] 25 No. 10 N&CR p. 51. [read post]
17 Jan 2012, 8:29 am
“Not only does this result reveal the political significance of the GSE issue, but it also reveals how difficult it is for politicians to support Fannie and Freddie today. [read post]
16 Jan 2012, 12:56 pm
The image is of Michelangelo's sculpture David, only very loosely connected to the case, as the claimant is a sculptor, obviously this Kat does not wish to imply that the statue is in any pornographic. [read post]
