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3 May 2022, 1:26 pm
If such decision maker has questionable motivations, lacks proper perspective, does not grasp the flexibility in the concepts in play, does not grasp the restraints on concepts in play, does not follow the proper processes involved, and lacks the detail, courage, and tenacity needed to reach the proper “deduction” or “call,” on the face of things the formalist, too, should have reason to re-examine any “deduction” or… [read post]
9 Feb 2016, 7:03 am by Second Circuit Civil Rights Blog
It does not mean the defendant can run free; it means you have a re-trial. [read post]
22 Jul 2014, 5:06 am
But, if you're jonesing for those long write-ups again, thanks to the good people at James Publishing, you can now read them in one handy-dandy book. [read post]
12 Aug 2013, 4:14 pm by Juan Antunez
The non-interference directive is a reiteration of the general principle that, when one court is exercising in rem jurisdiction over a res, a second court will not assume in rem jurisdiction over the same res. [read post]
6 Dec 2010, 5:33 pm by Howard Knopf
This was addressed to some extent by the Supreme Court of Canada in SOCAN v. [read post]
21 May 2007, 2:37 pm
Three weeks ago, in No. 05-1345, United Haulers Association v. [read post]
20 May 2011, 9:59 am by Keith R. McMurdy
  So while this case affirms that ERISA does not provide specific relief for misrepresentations, it does clear the way somewhat for courts to re-evaluate what equitable remedies might be in these situations. [read post]
13 Dec 2021, 12:18 pm by familoo
In a later case, A Local Authority v W [2006] 1 FLR 1, the Court of Appeal cautioned against approaching the Re S exercise on the basis that it was ‘a mechanical exercise to be decided upon the basis of rival generalities’. [read post]
11 Dec 2017, 7:41 am by First Mondays
We’re also joined by recurring guest contributor Nina Totenberg of NPR, who tells us what she noticed in the courtroom these past two weeks—and what she talked about with New Jersey Governor Chris Christie, who was in the audience for Christie v. [read post]
1 Oct 2015, 1:31 pm by Giles Peaker
The Upper Tribunal (Administrative Appeals) seems to have taken an opportunity to re-state, in clear terms, one of the findings of SSWP v David Nelson and Fife Council [2014] UKUT 0525 (AAC) [Our report here]. [read post]
20 Feb 2007, 6:33 am
Now we've read it, and we're applauding. [read post]