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26 Feb 2020, 11:55 am
In the wake of Justice Antonin Scalia’s death, the vote was 5-3: Justice Anthony Kennedy and the court’s four more liberal justices agreed that the state has a legitimate interest in protecting the health of pregnant women. [read post]
25 Feb 2020, 8:11 am
Introduced by Senators Schumer and Kennedy, it ensured that the interests in religious freedom are protected. [read post]
22 Feb 2020, 9:38 am
But eBay's cautionary note —i don't just presume plaintiff is going to suffer harm here that cannot be compensated through money damages —is still applicable. [read post]
17 Feb 2020, 7:11 am
(Ann Beth Stebbins and Thomas Kennedy, International Comparative Legal Guides). [read post]
14 Feb 2020, 4:17 am
Kennedy, Jr. [read post]
11 Feb 2020, 10:00 am
In the end, Kennedy’s practical concerns (and perhaps his desire to strike down DOMA) enabled him to overcome the Article III barrier. [read post]
9 Feb 2020, 10:37 pm
Unless the foreign judgment is capable of recognition in New Zealand, the only way for the intending parents to become the child’s legal parents in New Zealand is to apply for adoption (see, eg, Re Cobain [2015] NZFC 4072, Re Clifford [2016] NZFC 1666, Re Henwood [2015] NZFC 1541, Re Reynard [2014] NZFC 7652, Re Kennedy [2014] NZFLR 367, Re W [2019] NZFC 2482, Re C [2019] NZFC 1629). [read post]
6 Feb 2020, 10:13 am
”[12] The regulation of contaminated groundwater would be left to other applicable Federal and State environmental statutes.*[13] FOOTNOTES [1] 33 U.S.C. [read post]
4 Feb 2020, 7:04 am
Eric is a Partner and Jennifer is Of Counsel in the Chicago office of Kennedys. [read post]
4 Feb 2020, 5:13 am
Votes to Accept the Case Yes: Justices French, Fischer, DeWine, and Donnelly* No: Chief Justice O’Connor, Justices Kennedy and Stewart *Justices French, DeWine, and Donnelly would accept the appeal on both propositions of law. [read post]
3 Feb 2020, 11:56 am
Leah Litman is an assistant professor of law at the University of Michigan Law School. [read post]
1 Feb 2020, 1:57 pm
That provision does not allow the President to deny visa applications. [read post]
31 Jan 2020, 7:54 am
When I wrote my critique of Judge Selna’s subsequently vacated Decision, I focused almost entirely on his top-down analysis; but indicated I might return to assess the other methods of FRAND rate determination and his analysis of them.Top-down is fundamentally flawed for two reasons, and thirdly, Judge Selna’s corresponding determinations were biased and erroneous in his application of the methodology.Firstly, the selected aggregate royalty rate caps—of 6 to 10 percent for… [read post]
27 Jan 2020, 8:55 am
In the wake of Justice Antonin Scalia’s death, the vote was 5-3: Justice Anthony Kennedy and the court’s four more liberal justices agreed that the state has a legitimate interest in protecting the health of pregnant women. [read post]
21 Jan 2020, 10:00 pm
Kennedy Since the passage of the Defend Trade Secrets Act (“DTSA”) in 2016, there have been questions as to how the law would be applied in trade secret litigations. 2019 provided indicators on some trends in the application of the law as well as its interplay with state trade secret claims. [read post]
21 Jan 2020, 7:32 am
The bill also streamlines the protocol for researchers to receive an application approval from the Attorney General. [read post]
15 Jan 2020, 6:08 am
The answer is heavily fact-dependent and the applicable standard is controverted. [read post]
14 Jan 2020, 5:42 pm
Among other problems with the three standards, they noted the application of the patent unreasonableness standard … at times seems to require parties to accept an unreasonable decision” (Dunsmuir, Bastarache and LeBel JJ., para. 39) and the difficulty in distinguishing in practice between the reasonableness and patently unreasonable standards (Dunsmuir, Bastarache and LeBel JJ., paras. 40ff). [read post]
12 Jan 2020, 10:31 pm
The applicable law of the BOAs was Dutch law but no choice of forum clause was included (CoA Decision, para 6.1.9). [read post]
3 Jan 2020, 5:06 am
Justice Kennedy wrote a scathing 33-page dissent. [read post]
