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9 Sep 2019, 6:30 am by Guest Blogger
  Substantive due process doctrine crafted by the Supreme Court may involve a combination of categorical rules and deference (p. 114). [read post]
3 Sep 2019, 11:00 pm by Chuck Cosson
“Tool Without A Handle:  A Duty of Candor” The law and legal professional ethics require of counsel a duty of candor in the practice of law.[1]  This includes a duty to not knowingly make false statements of fact, to not conceal controlling legal authority, and to not offer evidence the lawyer knows to be false.[2] These principles are considered essential to maintaining both substantive fairness for participants in the process, and trust in the integrity of the process for… [read post]
29 Aug 2019, 2:39 pm by Peter Margulies
Receiving asylum is difficult, in part because of the requirement noted by the Supreme Court in INS v. [read post]
28 Aug 2019, 8:05 am by Richard Hunt
July 30, 2019) is another example of how hard it is to obtain dismissal based on standing when the plaintiff is willing to make the necessary allegations. [read post]
23 Aug 2019, 4:17 pm by Richard Hunt
The plaintiff is trying awfully hard to stay in a court where it claims it has no particular advantage. [read post]
20 Aug 2019, 2:11 pm by Jon Sands
Two hard fought appeals from the FPD Oregon:1. [read post]
18 Aug 2019, 11:02 am by Giles Peaker
Comment It is hard to find any sympathy whatsoever for Ms S, who apparently received mortgage funds of £130,000, but only paid £52,000 to Mr & Mrs P (subject to whatever she also ended up paying to Red 2 Black), and then sought possession under section 21 after 5 years of their tenancy. [read post]
9 Aug 2019, 2:31 pm by Rebecca Tushnet
Tries to address 1A issues including US v. [read post]
9 Aug 2019, 11:34 am by Rebecca Tushnet
  How we deal with the free rider being the TM owner—Packman v. [read post]
3 Aug 2019, 12:10 pm by Giles Peaker
We noted that the first appeal decision was hard to follow. [read post]