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17 Mar 2020, 1:32 pm
The U.S. [read post]
17 Mar 2020, 10:29 am
Examples explored include research grants, prizes, and tax credits, among countless others.Frischmann and McKenna's paper was world-opening for me when I first read the early version as a young(er) fellow. [read post]
17 Mar 2020, 7:00 am
., the regulation may be upheld on a rationale that the agency never advanced during rulemaking; and (3) whether a procedurally defective regulation may be upheld under Chevron, U.S.A., Inc. v. [read post]
13 Mar 2020, 11:06 am
The Appeals Chamber found that the Pre-Trial Chamber erred in interpreting article 15(4)—which directs the Pre-Trial Chamber to assess whether there is a reasonable basis to proceed with an investigation based on the request filed by the prosecutor—as requiring it to assess the “interests of justice” factors laid out in Article 53(1) of the Rome Statute. [read post]
11 Mar 2020, 10:28 am
How much advance notice is required for a COVID-19 absence? [read post]
3 Mar 2020, 4:35 am
Belinda appealed, arguing that the trial court erred as a matter of law and abused its discretion in ordering the release of her personal and confidential medical records. [read post]
2 Mar 2020, 5:52 pm
Early in the argument, Justice Samuel Alito jumped in to advance an argument not raised or endorsed by the government. [read post]
23 Feb 2020, 7:02 am
“George argues that the district court erred in finding that 25 or more victims suffered substantial financial hardship. [read post]
21 Feb 2020, 10:37 am
They did so by engaging in a sophisticated form of legislating from the bench: Transforming the common-law doctrine of judicial proceedings privilege (no defamation liability for statements made in a judicial proceeding) into a broad-sweeping and categorical attorney immunity; - an immunity that shields Texas attorneys from civil liability to non-clients--i.e. the rest of society--and lets them lie, cheat, and engage in fraud so long as they lie, cheat, and engage in fraud to… [read post]
16 Feb 2020, 11:31 pm
ER 11. [read post]
14 Feb 2020, 3:00 am
National/Federal Business Groups Try to Avoid Partisan Crossfire The Hill – Alex Gangitano | Published: 2/11/2020 Business groups are facing a new challenge as they look to advance their agendas in an increasingly polarized Washington and ahead of a contentious presidential election. [read post]
13 Feb 2020, 6:00 am
In advance of oral argument before the Supreme Court scheduled for March 2, this post examines key arguments and points of contention in this case, explains the interests at stake and offers predictions for how the Supreme Court will rule. [read post]
10 Feb 2020, 5:00 am
In December 2019, the Appeals Chamber of the International Criminal Court (ICC) heard oral arguments on whether to overturn a prior decision refusing to authorize an investigation into the conduct of U.S. troops in Afghanistan. [read post]
8 Feb 2020, 9:58 am
In four issues on appeal, appellants assert the trial court erred in finding breach of contract, enforcing a liquidated damages clause, applying prejudgment interest, and granting an unsegregated, contested attorney's fee application. [read post]
5 Feb 2020, 7:19 pm
Taking the human out of the equation eliminates the corruption of discretion and advances the ideal of uniformity, at least in accordance with the assumptions and mechanics programed into the justice machine.This binary goes to the root of the fear of law--not just of its replacement by accountability based metrics and compliance cultures, but also of the consequences of removing the human element from law. [read post]
4 Feb 2020, 9:30 am
Prison officials were also tipped off two days in advance of the plaintiff’s visit that the same inmate was smuggling drugs and decided to closely monitor the plaintiff’s [read post]
3 Feb 2020, 4:15 pm
Without knowing what these witnesses would say, how can a senator advance the proposition that the evidence warrants summary judgment in favor of the president? [read post]
2 Feb 2020, 4:00 am
Colwill to judicially review the WCAT decision because he would have to persuade a court that WCAT erred in failing to find the policies unreasonable. [read post]
30 Jan 2020, 4:48 pm
Of the first argument:We hold that the Board erred by instituting interpartes review based on a combination of prior art references not advanced in Google’s petition. [read post]
20 Jan 2020, 11:59 am
(Pix © Larry Catá Backer 2020)In a prior post (Building New Era Thought--Reflections on Xi Jinping's Address on the 40th Anniversary of Reform and Opening Up, Beijing 18 December 2018) it was suggested that a year after its delivery, Xi Jinping's Speech on the 40th Anniversary of Reform and Opening Up [-在庆祝改革开放40周年大会上的讲话] was now a more useful object of study, providing… [read post]