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28 Dec 2020, 7:13 am
Aug. 12, 2020: “CDA creates an affirmative defense not a basis to challenge the court’s subject matter jurisdiction over a libel claim. [read post]
22 Dec 2020, 2:33 pm
Circumstances of contemporary daily interactions between men and women, warrants that the “opportunity” element of proof of adultery must be interpreted to mean more that mere “proximity,” but must instead necessarily mean “proximity plus. [read post]
22 Dec 2020, 8:34 am
The court explained that to conclude otherwise, “[w]e would be required to hold that the State’s evidence that defendant killed his grandfather as part of a continuous transaction in which he also attempted to murder his mother using his hands and arms as a deadly weapon was so sufficiently strong that no reasonable possibility exists under which the jury would have done anything other than convict defendant of first-degree murder on the basis of that legal theory. [read post]
22 Dec 2020, 8:28 am
John W. [read post]
22 Dec 2020, 8:28 am
John W. [read post]
21 Dec 2020, 11:56 am
This post summarizes published criminal decisions from the North Carolina Court of Appeals released on December 15, 2020. [read post]
16 Dec 2020, 10:03 am
Hayes (1972) ("[W]ithout some protection for seeking out the news, freedom of the press could be eviscerated. [read post]
10 Dec 2020, 6:18 am
Explanatory Reports Garcimartín Alférez, Francisco; Saumier, Geneviève „Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters: Explanatory Report“, as approved by the HCCH on 22 September 2020 (available here) Garcimartín Alférez, Francisco; Saumier, Geneviève “Judgments Convention: Revised Draft Explanatory Report”, HCCH Prel. [read post]
8 Dec 2020, 5:01 pm
Sally Rand, 'Fan Dance' 1942 It has been quite some time since I considered the ongoing and slow motion--and well curated--theatre that has been the search for the causes of so-called Havana Syndrome (last discussion at The Affair of the Sonic Weapons Attack: The Mystery that is at its Most Useful When it Remains Unresolved). [read post]
7 Dec 2020, 12:39 am
Thus, this decision is in no way a matter of a debit order submitted without comment, which the Board of Appeal considered an implicit request for correction. [read post]
28 Nov 2020, 2:36 pm
Int’l Trade Comm’n, 545 F.3d 1340, 1351 (Fed. [read post]
23 Nov 2020, 2:03 pm
[The claim was brought by the Trump campaign; the decision appears to be 4-3 as to some matters, 7-0 as to others.] [read post]
18 Nov 2020, 11:07 am
N. [read post]
17 Nov 2020, 10:25 am
Explanatory Reports Garcimartín Alférez, Francisco; Saumier, Geneviève „Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters: Explanatory Report“, as approved by the HCCH on 22 September 2020 (available here) Garcimartín Alférez, Francisco; Saumier, Geneviève “Judgments Convention: Revised Draft Explanatory Report”, HCCH Prel. [read post]
12 Nov 2020, 5:37 pm
The record reflected genuine disputes of material fact about why the plaintiff was placed in segregation, and the matter was consequently remanded for trial. [read post]
4 Nov 2020, 5:24 am
Explanatory Reports Garcimartín Alférez, Francisco; Saumier, Geneviève „Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters: Explanatory Report“, as approved by the HCCH on 22 September 2020 (available here) Garcimartín Alférez, Francisco; Saumier, Geneviève “Judgments Convention: Revised Draft Explanatory Report”, HCCH Prel. [read post]
3 Nov 2020, 11:39 pm
This delegation of the Commonwealth agency’s family-approval function is not simply a matter of Pennsylvania abdicating its responsibility to perform its own duty by turning it over to private parties to do what they wish. [read post]
2 Nov 2020, 3:00 pm
[W]e have to show you more than just the AB rating. [read post]
2 Nov 2020, 10:31 am
And there’s one small matter further exacerbating the perception that the courts are poised to facilitate Republican victories: Only a week before the election, Trump successfully placed a third justice on the Supreme Court, after indicating he thinks the court will “end up” deciding the election outcome and needs a full complement of justices in time to do so. [read post]
