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18 Jul 2008, 8:46 pm
See Also: Drudge Retort Episode Highlights 'Fair Use' Uncertainties Ben Stein Wins Right to Use Lennon's 'Imagine' RIAA Believes MP3s Are A Crime: Why This Matters -- Updated An Essay Concerning MPAA Understanding of 'Making Available' in ... [read post]
17 Jul 2008, 7:30 pm
Is the AFSCME Proposal a proper subject for action by shareholders as a matter of Delaware law? [read post]
15 Jul 2008, 4:47 pm
Instead such matters should be referred to FASB through the Financial Reporting Forum. [read post]
14 Jul 2008, 11:30 am
In a posting last December I wrote about an important estate tax case, Jelke v Commissioner, in which a federal appeals court adopted a bright-line rule requiring 100% discount for built-in capital gains tax ("BIG") in the valuation of C corporation assets. [read post]
12 Jul 2008, 5:31 am
They commit roughly one-third of all reported sex offenses against children, according to the National Center on Sexual Behavior of Youth.The teenagers -- boys mostly -- shuffle into Voy's courtroom wearing the detention center standard, the bright and shapeless broadcloth shirt and pants. [read post]
9 Jul 2008, 7:21 pm
Rather than attempt to refine the definition based upon the nature and method of forwarding, the FTC established a bright line test that turns on the presence or absence of consideration for the act of forwarding. [read post]
8 Jul 2008, 10:54 am
The sex offender laws have become so harsh and cruel that at least some of these lawmakers have to have faces bright red with shame at some point during the voting and amendment processes. [read post]
3 Jul 2008, 4:51 pm
  A word or phrase is vague when it has borderline cases: for example, the word "tall" is vague, because there is no bright line between those individuals who are tall and those who are not. [read post]
28 Jun 2008, 8:51 pm
specifically on the Palo Alto High plagiarism matter, but definitely extend-able. [read post]
26 Jun 2008, 6:31 pm
There are undoubtedly plenty of other examples of "violation" claims without any close state-law analogs.In this respect, Buckman-style preemption of supposedly "parallel" violation claims is a lot like the requirement already imposed upon negligence per se claims as a matter of state law in a number of jurisdictions - that negligence per se cannot create novel state tort duties. [read post]
26 Jun 2008, 4:24 am
  Rather than a nuanced outcome like we got in Baze, the majority set out a bright-line rule to eliminate any real possibility for the death penalty for non-homicide cases. [read post]
25 Jun 2008, 8:56 pm
(UPDATE on 6/26/08: Upon further reflection, it might prove difficult for Justice Souter to garner enough votes to adopt a stricter ratio analysis as a matter of due process. [read post]
25 Jun 2008, 4:39 pm
  Whether that confidence is justified, and whether its imposition of its own line-drawing views is appropriate, will no doubt be a matter of much dispute. [read post]
24 Jun 2008, 5:27 am
In the interim, for employers this likely means that there probably won't be any big changes in the way the CHRO handles matters. [read post]
20 Jun 2008, 2:01 am
" (1954) Justice Hugo Black "Our duty to preserve the Seventh Amendment is a matter of high Constitutional importance. [read post]
20 Jun 2008, 12:17 am
  On the other hand, I also suspect there's no bright line separating those decisions from the type of decision in Olech that is amenable to a class-of-one claim. [read post]
12 Jun 2008, 8:31 pm
And no matter how good your client is; no matter if she is 65 years old and has never been arrested before in her life, if she is charged with a crime that carries a minimum mandatory penalty, then the only person on the lord's green earth who can waive the minimum mandatory prison sentence is the prosecutor. [read post]
11 Jun 2008, 8:40 am
No matter what, we’re all looking for “just a little more”. [read post]