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19 Jan 2021, 6:30 am by Guest Blogger
  While we leave such determinations for the reader to decide, we remain insistent that much is lost in adopting a Kelsenian emphasis on a break in the legal chain of legality as the decisive marker for determining whether a constitutional revolution has occurred. [read post]
18 Jan 2021, 9:14 pm by Matthieu Dhenne (Ipsilon)
Nonetheless, with a sufficiently convincing body of evidence, the method adopted here seems reasonable. [read post]
18 Jan 2021, 7:42 am by Larry
That requires the Court to look at whether the ruling or rulings are logical, consistent, and thorough. [read post]
17 Jan 2021, 6:15 pm by Omar Ha-Redeye
Nevertheless, that is a concomitant of the lex loci delicti rule. [read post]
17 Jan 2021, 4:11 pm by INFORRM
Data Privacy and Data Protection The European Data Protection Board adopted its Strategy for 2021-2023, which outlines its objectives and key actions for the upcoming years. [read post]
17 Jan 2021, 9:28 am by Tia Sewell
Schulz shared the National Security Agency’s newly released document pertaining to the rules governing signals intelligence (SIGINT) collection. [read post]
17 Jan 2021, 7:01 am by Shamiran Mako
Why Iraq’s Disputed Territories Matter The disputed territories are intertwined with various strategic nexus points for Baghdad and Erbil. [read post]
16 Jan 2021, 10:57 pm by Mahmoud Khatib
”[32] The parties’ intentions are considered a matter of law, and intent is referred to the trier of fact only if a court determines that the document is ambiguous as a matter of law.[33] Under the objective standard, statements of the parties’ intentions carry the greatest weight.[34] In Teachers Ins. and Annuity Ass’n of America v. [read post]
16 Jan 2021, 11:11 am by Michael Lowe
  As Francis explains, using the definition of an encounter adopted by the Supreme Court of the United States in Terry v. [read post]
16 Jan 2021, 9:17 am by Keith E. Whittington
This issue would not normally matter, but it might matter in this peculiar circumstance. [read post]
16 Jan 2021, 6:36 am
Cultural legalities, for example, are the rules that may bind consenting communities but which are ignored or opposed by the formal structures of social organization (the rules of the mafia, the rules of boozing during Prohibition, etc.). [read post]
The Supreme Court also rejected the contention that litigants must have foresight of the exact rule that a court ultimately adopts in order for the rule to have retroactive effect. [read post]
15 Jan 2021, 12:24 pm by Anthony A. Fatemi, LLC
Maryland’s highest court, in a ruling related to a personal injury case about lead paint exposure, announced that Maryland was adopting a new standard for deciding whether or not expert testimony is admissible. [read post]
15 Jan 2021, 12:05 pm by Greg Mersol
Should more courts adopt the Swales standard and a more tailored procedure, more FLSA collective actions are likely to be decided on their merits rather than by litigation expense and risk. [read post]
15 Jan 2021, 10:23 am by Rebecca Tushnet
Grimaldi,60 which has been widely adopted by courts across the nation in the subsequent three decades. [read post]
15 Jan 2021, 5:01 am by Stephen Rademaker
” Under the theory of reratification that has been put forward, in any case where Congress has not adopted legislation explicitly repealing or nullifying a resolution of advice and consent to ratification, it would fall to the president alone to decide whether that resolution had been impliedly repealed. [read post]
Finally, essential and important entities will, as a rule, be deemed to be under the jurisdiction of the Member State where they provide their services. [read post]
14 Jan 2021, 6:11 pm by Krzysztof Pacula
In its request for a preliminary ruling, the referring court also points out that while Denmark did not take part in the adoption of the Brussels I bis Regulation, it notified its decision to apply the content of the Regulation. [read post]