Search for: "AMERICAN PRINCIPLES IN ACTIONÂ "
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16 Jun 2014, 11:59 am
Henceforth, any sort of immunity defense made by a foreign sovereign in an American court must stand or fall on the Act’s text. [read post]
16 Jun 2014, 11:02 am
Applying these principles and those of the Supreme Court’s opinions in American Pipe and Crown, Cork & Seal, the court found that after the forum non conveniens dismissal of the Texas action in 1995, plaintiffs’ reliance on the Texas action to protect their rights would have been “objectively unreasonable. [read post]
15 Jun 2014, 4:42 pm
On remand, the Federal Circuit will have the opportunity to articulate liability rules that are more principled, more grounded in traditional legal doctrine, and more consistent with the general patent law scheme; Judge Newman’s characterization provides an excellent starting point for that analysis. [read post]
14 Jun 2014, 6:12 am
These principles apply to Iraq today as well as they did to Syria last summer. [read post]
13 Jun 2014, 12:35 pm
Nonetheless, preemption principles were instructive “insofar as they are designed to assess the interaction of laws that bear on the same subject. [read post]
12 Jun 2014, 6:04 pm
§ 3582(c)), and even though the right to counsel applies to post-sentencing actions that affect time in custody (Mempa v. [read post]
12 Jun 2014, 5:00 am
We’re happy to offer our idea free of charge to any pro-defense organization, such as the Chamber of Commerce or the American Tort Reform Association, that does engage in tort-related lobbying in Congress.We wish that such a statute were not necessary, but the unfortunate fact remains that, despite decisions by the Supreme Court and by all twelve federal courts of appeals (see here) that decide diversity matters, the existing Erie principle that courts should not… [read post]
11 Jun 2014, 12:29 pm
In that case, it might seem obvious (and does seem obvious, to Americans, anyway) that a right of self-defense on its own terms authorizes the use of force up to and including the conduct of hostilities amounting (in practical and legal terms) to an “armed conflict. [read post]
11 Jun 2014, 4:00 am
So long as the military “controlled” the actions of the PMC, and review of those actions would thereby require review of the reasonableness of military decisions in a combat zone, both circuits concluded that the political question doctrine should apply. [read post]
8 Jun 2014, 7:00 am
The lack of a CVE-specific budget reflected fiscal realities in 2011 and was never intended as some kind of core principle about how we counter radicalization. [read post]
5 Jun 2014, 9:14 am
Equality is an explosive principle on the Roberts Court. [read post]
5 Jun 2014, 7:30 am
Ron Wyden whether the NSA was gathering any sort of data on millions of Americans. 12. [read post]
4 Jun 2014, 8:17 am
In Kagan’s words, this policy therefore violated the principle that “when the citizens of this country approach their government, they do so only as Americans, not as members of one faith or another. [read post]
4 Jun 2014, 7:42 am
Describing the amendment as an effort to “advance the fundamental principle of equality for all,” and “to protect the integrity of the legislative and electoral processes,” it would in substance modify the First Amendment. [read post]
4 Jun 2014, 6:36 am
(1) If at any time, except when both Houses of Parliament are in session, the President is satisfied that circumstances exist which render it necessary for him to take immediate action, he may promulgate such Ordinances as the circumstances appear to him to require. (2) An Ordinance promulgated under this article shall have the same force and effect as an Act of Parliament, but every such Ordinance— (a) shall be laid before both Houses of Parliament and shall cease to operate at the… [read post]
3 Jun 2014, 12:36 pm
It is true that the president has the duty of “protecting the lives of Americans abroad and protecting U.S. soldiers. [read post]
3 Jun 2014, 7:15 am
Walker 13-1193Issue: Whether either full faith and credit principles or due process permits generic findings from the decertified Engle class action, a state-wide class action arising out of diseases and medical conditions allegedly caused by an addiction to cigarettes that contain nicotine—findings the Florida Supreme Court deemed “useless” for issue preclusion purposes—to be used to excuse thousands of plaintiffs in follow-on cases from proving… [read post]
3 Jun 2014, 5:06 am
Greenwald and Poitras “vowed to each other repeatedly and to Snowden” that their actions would honour Snowden’s choice. [read post]
2 Jun 2014, 12:36 pm
Chapter V explores sports issues in private litigation, including standing, class actions, injunctions, and damages. [read post]
2 Jun 2014, 8:36 am
For good reason, Americans want to understand the Court. [read post]
