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12 May 2023, 9:21 am
The Fifth Circuit duly remanded the matter to the Board in light of GM. [read post]
10 May 2023, 6:02 am
DorfAt his impromptu press conference after meeting with congressional leaders yesterday, President Biden said that he's "thinking about" Section 4 of the 14th Amendment as a Plan B in the event that no legislation raises or suspends the debt ceiling in the next few weeks, adding that he had come to that view because of the view recently expressed by Prof Laurence Tribe, who has long advised him on constitutional matters. [read post]
9 May 2023, 1:20 pm
Justice Benotto, in dissent at the Court of Appeal, described the spending amendments, relevant here, as follows: [I]n advance of a fixed-date general election, each third party, whether big or small, may spend a total of $700,000 (now indexed to $819,700) on election-related advertising caught by the definition of “political advertising”, plus an unlimited amount on communications that are not caught by the definition. [read post]
9 May 2023, 1:52 am
These include provisions on matters such as “fixed” and “moveable” altars, their dedication and blessing (and their loss), and the inclusion of relics. [read post]
8 May 2023, 4:01 am
The relatively small number of reported § 1118 cases in which courts have departed from the 9% statutory rate include Giaimo v Vitale (4%), Matter of Whalen (4%), Matter of Bambu Sales, Inc. (5.75%), and Matter of Fleischer (12%) — none of which explained how the court arrived at the chosen rate. [read post]
7 May 2023, 6:00 am
Introduction There are many different theories of constitutional interpretation, but the most controversial and also perhaps the most influential is "originalism. [read post]
5 May 2023, 9:32 am
B at 187). [read post]
3 May 2023, 7:39 am
The burden of demonstrating that there was a price premium (and thus that the predominance requirements of Rule 23(b)(3) have been met) was plaintiffs’ and they did not satisfy it. [read post]
Venezuela: Negative choice and UNIDROIT Principles in determining Law applicable to bill of exchange
1 May 2023, 1:13 am
The first thing the Chamber does is to identify, in accordance with Article 30 of the Law, the objective and subjective elements of the relationship, in order to determine with which Law the bill of exchange is more closely related and assumes for this purpose —although it does not quote it— the opinion expressed by Professor Fabiola Romero in her work “Derecho aplicable al contrato internacional” (in: Liber Amicorum, Homenaje a la Obra Científica y Académica de… [read post]
27 Apr 2023, 5:25 am
U.S. federal courts must similarly ensure that a defaulting foreign state is not entitled to immunity, because the FSIA makes foreign state immunity a question of subject matter jurisdiction, and federal courts must address questions of subject matter jurisdiction even if they are not raised by the parties. [read post]
22 Apr 2023, 6:37 am
” YPI 180 N. [read post]
20 Apr 2023, 5:17 am
“This is a very amicable divorce,” clients often tell me. [read post]
18 Apr 2023, 10:25 am
See 15 U.S.C. 45(m)(1)(B). [read post]
18 Apr 2023, 10:25 am
See 15 U.S.C. 45(m)(1)(B). [read post]
14 Apr 2023, 2:09 pm
However, as the statute clearly states, physical force is not justified “[i]n response to verbal provocation alone. [read post]
14 Apr 2023, 4:29 am
In addition, there is the requirement to fill out Schedule N, regarding the distribution of its assets and whether there were successor organizations and any “officer, director, trustee, or key employee” involved in them.[9] The organization is also required to attach to their final return copies of their dissolution documents, which may include “articles of dissolution or merger, resolutions and plans of liquidation or merger. [read post]
13 Apr 2023, 8:41 am
At the time, the Medicare Act did not expressly provide for judicial review of regulations promulgated by the Secretary under Medicare Part B. [read post]
12 Apr 2023, 7:49 am
This matter was originally considered in State v. [read post]
11 Apr 2023, 7:13 am
P. 19(a)(l)(B).} [read post]
11 Apr 2023, 6:00 am
Pursuant to CPLR 7511 (b) (1), a court may vacate an award when it violates a strong public policy, is irrational or clearly exceeds a specifically enumerated limitation on an arbitrator's power" (Matter of Czerwinski [New York State Dept. of Corr. [read post]
