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14 Jan 2010, 4:12 pm by B.W. Barnett
  TRE 803(5) provides:A memorandum or record concerning a matter about which a witness once had personal knowledge but now has insufficient recollection to enable the witness to testify fully and accurately, shown to have been made or adopted by the witness when the matter was fresh in the witness’ memory and to reflect that knowledge correctly, unless the circumstances of preparation cast doubt on the document’s trustworthiness. [read post]
21 May 2008, 5:01 pm
And the same exact thing can be said about the Davis rule: The city of Washington is allowed to use a test for city jobs that has a disparate impact on minority applicants, so long as it does not do so for discriminatory reasons, and as a practical matter, the courts won't be able to police motive here either. [read post]
30 Sep 2014, 6:37 am by Gritsforbreakfast
Finally, the Article contends that the confidentiality these files currently receive is not only undeserved as a normative matter, but also incompatible with core tenets of the Brady doctrine. [read post]
29 Jun 2020, 6:30 am by Guest Blogger
  The court concluded that invalidation of the individual mandate would not prevent most of the ACA from being fully operative as a matter of law. [read post]
12 May 2022, 1:37 am by Florian Mueller
That may simply be due to the fact that other SSOs are more consensus-driven than IEEE, where a majority can just brush aside objections no matter their merit.Neither does the last sentence of the first paragraph withstand scrutiny once one looks at the broader picture:"By almost any measure, standardization work at IEEE has thrived in the wake of these updates. [read post]
5 Apr 2019, 9:00 am
Schools should not rely on law enforcement officers to handle school disciplinary matters. [read post]
28 Aug 2014, 9:29 am by Harry C. Martin
The staff does not have a particularly wide range of options. [read post]
22 May 2015, 5:39 pm
Given that it still took another four years for the FBI to adopt the final procedures and that the FISC uniformly continued approving 215 applications all the while, it’s not clear the FISC’s involvement mattered much. [read post]
Given fears among the plaintiffs’ bar that adoption of the Eleventh Circuit’s reasoning elsewhere could stifle class action litigation, this matter presents an issue of considerable interest to all class action litigators and parties. [read post]
31 Mar 2014, 4:00 am by The Public Employment Law Press
Significantly, the Legislature never adopted this proposal, or any of the Task Force's proposed amendments to the temporary statute then in effect, but instead enacted it into permanent law unchanged. [read post]
27 Aug 2015, 4:51 pm by Jeremy Malcolm
TISA does allow some privacy safeguards to be maintained, but opens the door for argument about whether these are “arbitrary or unjustifiable”. [read post]
24 Oct 2014, 2:36 am by Dan Kirkpatrick
The Commission also noted that the number of blackouts actually occurring as a result of the rules has greatly diminished; as a practical matter, teams generally don’t have trouble selling out their stadiums. [read post]
22 Dec 2014, 9:30 am by Donald Evans
This does not mean that the battle for reasonable rates is over. [read post]
9 Apr 2020, 10:49 am by Jay Stanley
If it moves forward in Baltimore, we can expect police departments around the country to start adopting it. [read post]
11 Jul 2019, 10:12 am by Rebecca Tushnet
That is not a compelling context in which to adopt a new approach to showing materiality. [read post]
21 Nov 2016, 6:30 am by Guest Blogger
Whatever redistribution the city does is just a scrap left by a global economy that invariably produces inequality. [read post]