Search for: "Bear v. State"
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5 Feb 2011, 3:13 pm
The decisive difference between the two approaches is the burden of proof; according to the traditional view, the state that opposes another state’s jurisdictional assertion must prove the existence of a rule under international law prohibiting the assertion of criminal jurisdiction and according to the modern approach, by contrast, the state that asserts extraterritorial jurisdiction bears the burden of proof. [read post]
28 Mar 2018, 9:53 am
United States, Merit Management Group v. [read post]
21 Jul 2011, 7:32 pm
Moral hazard is when rational actors take bigger risks than they otherwise would, in the knowledge that someone else will bear the risk. [read post]
12 May 2014, 4:20 am
(Or, as Lee Gesmer states it, “Filtration for interoperability should be performed ex ante, not ex post. [read post]
29 Sep 2017, 9:00 am
For Friday enjoyment, I post Pirri v. [read post]
22 Jan 2014, 4:01 am
Department of Transportation’s Office of Drug and Alcohol Policy and Compliance announced that truckers were prohibited from using “recreational marijuana”: “We want to make it perfectly clear that the state initiatives will have no bearing on the DOT’s regulated drug testing program. [read post]
4 Mar 2022, 4:30 am
Abbasi in 2017 and Hernandez v. [read post]
21 Jan 2014, 7:20 am
Bryant, Jr. v. [read post]
17 Jul 2018, 4:21 pm
" United States v. [read post]
22 Jun 2010, 8:05 am
Supreme Court decided the case of City of Ontario v. [read post]
17 Mar 2022, 4:18 am
” O. v. [read post]
6 Feb 2017, 1:16 pm
Once this burden is discharged, if the record does in fact bear out that no genuine dispute exists, the burden then shifts to the non-moving party, who must set forth affirmative evidence and specific facts showing there is a genuine dispute on that issue. [read post]
7 Oct 2015, 3:00 pm
To begin, the Ninth Circuit specifically concluded that the United States Supreme Court decision in NCAA v. [read post]
27 Apr 2018, 3:18 pm
TDY Holdings v. [read post]
27 Apr 2018, 3:18 pm
TDY Holdings v. [read post]
15 May 2014, 6:16 am
” At her Angry Bear blog, Beverly Mann has two posts (here and here) on Town of Greece v. [read post]
25 Aug 2011, 3:26 am
In 1974, the Supreme Court held in Geduldig v. [read post]
17 Apr 2012, 7:22 am
See also Safford v. [read post]
25 Aug 2008, 1:11 am
The parties agreed to arbitrate any dispute over the "calculation" of Northland's earnings and "all issues having a bearing on such dispute. [read post]
28 Apr 2011, 12:08 pm
AT&T Mobility v Concepcion is only the latest foray in this direction. [read post]