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2 Jan 2014, 8:37 am
Doe No. 3, the New Jersey Superior Court Appellate Division held in 2001 that before enforcing a subpoena for the identity of an online speaker, the issuer of the subpoena must: (1) notify the anonymous speaker of the subpoena and provide the speaker a reasonable opportunity to respond; (2) specifically identify the speech at issue; (3) allege a prima facie cause of action; (4) present sufficient evidence in support of each element of the claim. [read post]
1 Jan 2014, 10:45 am
If you are making new year’s resolutions for 2014 does it include any of the following: 1) Get a living trust; or 2) Update our current estate plan; or 3) Add a life insurance trust (ILIT); or 4) Look into a qualified personal residence trust (QPRT); or 5) Have a qualified estate planning attorney review my estate plan…. [read post]
1 Jan 2014, 10:00 am
Is it possible to manage these collisions to produce order among colliding systems with no normative center, and if so, what may be the role of law for the solution of collision problems, and how does that role relate to non-legal regimes, what may be the role of non-legal approaches to a solution, and how do they relate to law, and what might concrete solutions look like? [read post]
31 Dec 2013, 7:59 am
In a 6-1 decision the Court held that a gubernatorial pardon does not automatically entitle the recipient to have the record of the pardoned conviction sealed. [read post]
30 Dec 2013, 11:30 am
Local attorney, John C. [read post]
30 Dec 2013, 6:00 am
§ 3. [read post]
26 Dec 2013, 1:27 pm
If the entity continues unchanged but its former owners and managers are replaced, to whom does the attorney-client privilege run? [read post]
26 Dec 2013, 11:21 am
John Doe #2, perhaps, gets the benefit of Supreme Court rule-making, according to this opinion; but first John Doe #1 has to have his cover blown. [read post]
25 Dec 2013, 6:00 am
[1] http://www.fcc.gov/guides/spam-unwanted-text-messages-and-email [2] http://www.law.cornell.edu/uscode/text/47/227 [3] http://www.law.cornell.edu/uscode/text/47/227 [4] http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-21A1.pdf [5] http://www.fcc.gov/guides/spam-unwanted-text-messages-and-email [6]https://1.next.westlaw.com/Document/I8562a726f38111df80558336ea473530/View/FullText.html? [read post]
21 Dec 2013, 2:10 pm
If you liked these reviews, keep your eyes peeled for future installments: Clark's Favorite Books Part 2: Fantasy Clark's Favorite Books Part 3: Politics Clark's Favorite Books Part 4: Miscellaneous Clark's Favorite Books Part 1: Science Fiction © 2007-2013 by the authors of Popehat. [read post]
21 Dec 2013, 12:34 pm
In short, Scripture has authority because God's Holy Spirit is behind it.And just what does that mean -- "The Holy Spirit is behind Scripture" -- or, as 2 Tim. 3:16 has it, "All Scripture is God-breathed ..."? [read post]
21 Dec 2013, 4:31 am
Guest Post by Professor John F. [read post]
20 Dec 2013, 6:28 am
John Deere Co., 383 U.S. 1 (1966)] requires that the trier assess certain underlying facts: (1) the scope and content of the prior art, (2) the level of ordinary skill in the art, (3) the differences between the claimed invention and the prior art, and (4) the so-called 'secondary considerations.'"), with Hakim v. [read post]
19 Dec 2013, 6:48 pm
”[2] These regulations can be classified into two distinct types: 1) Regulations require data controllers to help protect data they hold can be seen as a “duty of care” type of rule.[3] These regulations assign a baseline expectation of responsibility for property of others. [read post]
19 Dec 2013, 6:25 am
• Requires the use of existing resources to develop a federal post-conviction risk assessment tool that uses empirical data to classify all federal prisoners as (1) low-risk of recidivism; (2) medium risk of recidivism; or (3) high risk of recidivism, and allow for regular reassessments of each eligible prisoner over time. [read post]
19 Dec 2013, 6:09 am
Western Sky is not owned or operated by any Indian tribe or for the benefit of any tribe; therefore, the doctrine of tribal sovereign immunity does not apply to the loans made to North Carolina borrowers. 3. [read post]
19 Dec 2013, 4:19 am
John’s post, and the comments there, are a great start on the analysis. [read post]
19 Dec 2013, 1:48 am
If you have never been evaluated by a doctor, your claim will not be approved. 2. [read post]
18 Dec 2013, 12:46 pm
However this specific section of the Illinois code, 705 ILCS 405/2-3(1)(d) was not passed until 2009 - almost 20 years after the movie originally occurred. [read post]
18 Dec 2013, 6:14 am
The opinion also explains that (16) At the time of his arrest, Wilson had been living in Kentucky for two and a half (2 1/2) weeks. [read post]
