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9 Jul 2013, 1:58 pm by Stephen Bilkis
The issue in this case is defendant was correct in concluding that the Domestic Relations Law does not permit same-sex couples to marry. [read post]
1 Jul 2013, 12:42 pm
Should this effort be conducted at individual treaty levels or is there a need for a broader and inclusive discussion, for example at ICSID? [read post]
21 Jun 2013, 12:10 pm by Ron Coleman
Feb. 1, 2012), the court noted, “Both Defendants appear to have taken a “kitchen sink” approach to stating their affirmative defenses. [read post]
10 Jun 2013, 8:31 am by Soroush Seifi
”[22]  This calls attention to how allegations of over-breadth raise issues of first, fair notice and second, respect for legality – two of the most serious problems caused by the phenomenon of over-criminalisation.[23] Prosecutorial discretion may be a source of help in minimizing the injustice otherwise caused by over-inclusive statutes.[24]  Clearly then, there is a reliance on prosecutorial discretion, however the prosecutors are given no ethical public lawyering… [read post]
10 Jun 2013, 8:31 am by Soroush Seifi
”[22]  This calls attention to how allegations of over-breadth raise issues of first, fair notice and second, respect for legality – two of the most serious problems caused by the phenomenon of over-criminalisation.[23] Prosecutorial discretion may be a source of help in minimizing the injustice otherwise caused by over-inclusive statutes.[24]  Clearly then, there is a reliance on prosecutorial discretion, however the prosecutors are given no ethical public lawyering… [read post]
3 Jun 2013, 4:44 am by Susan Brenner
He had, on `10 or 11’ occasions, been qualified as an expert in computer forensics in Oakland Circuit Court, district courts, and federal district court. [read post]
15 May 2013, 6:55 am by Joel R. Brandes
Domestic Relations Law § 240(1–b)(f)(10) and FCA § 413(1)(f)(10) state that, after performing the requisite calculations, “the court shall order the non-custodial parent to pay his or her pro rata share of the basic child support obligation. [read post]
6 May 2013, 5:38 am by INFORRM
Judgments The following reserved judgments after public hearings remain outstanding: AAA v Associated Newspapers heard 29 and 30 April 2013 (Master of the Rolls, Tomlinson and Ryder LJJ) Euromoney plc v Aviation News Ltd heard 2 May 2013 (Tugendhat J) ABK v KDT & anr, heard 3 May 2013 (Tugendhat J) Also on Inforrm last week Freedom of expression loses in Swaziland case – Dario Milo Defamation and Satire – Steven Price Paris Brown: A Case in Point for the DPP – Ashley Hurst… [read post]
3 May 2013, 9:33 am by Jonathan Bailey
The defendant in question is listed only as John Doe and identified solely by his IP address. [read post]
29 Apr 2013, 9:36 am by INFORRM
The judge struck out a defence to a libel claim under section 1 of the Defamation Act 1996 “because the defendants not only failed to file any witness statement evidence but had said they had no intention of doing so,” reported PA Media Lawyer (Subscription required). [read post]
12 Mar 2013, 5:33 am by Stephen Page
Because of the objective nature of the test in subsection (1), the issuing authority may be satisfied on the balance of probabilities as to the reasonable grounds even if the protected person denies, or does not give evidence about, fearing the commission of domestic violence. [read post]
10 Feb 2013, 4:05 pm by INFORRM
Journalism and regulation There are no new PCC adjudications to report, but several resolved complaints including: Alexander Anderson v Press & Journal (Aberdeen), 8/02/2013; Dr Mark Bailey v Irish News, Clause 1, 07/02/2013; A man & a woman v Sunday World, Clauses 1, 3, 5, 07/02/2013; Hertfordshire Constabulary v Hertfordshire Mercury, Clause 1, 07/02/2013; A woman v The Daily Telegraph, Clause 3, 07/02/2013, A woman v The Mail on Sunday, Clause 3, 07/02/2013; Mr… [read post]
5 Feb 2013, 9:34 pm by Daniel Richardson
”SCOV identifies a number of non-exhaustive factors that play into this analysis:1. [read post]
4 Feb 2013, 6:11 am by Rebecca Tushnet
  Merck built a following of customers who touted Metafolin’s inclusion in their products as a unique selling point. [read post]
6 Jan 2013, 10:37 am by Sai Vinod
The Registry does not seem to recognize the theory and permits registration of colours only in combinations.Rupkatha argues that the inclusive definition of trademark under Section 2(1)(zb) of the TM Act, 1999 includes unconventional marks such as single colour. [read post]