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22 Jul 2013, 7:59 am
”“It is not a matter for the judiciary,” proclaims the penultimate sentence of this decision. [read post]
13 May 2022, 4:36 pm
As Fishkin suggests, if is adopted, the correct response is to say, adopting one of the Court's own formulations, that it "is wrong the instant it is decided. [read post]
31 Jul 2024, 5:06 am
As a policy matter, the Code would probably need to be tweaked a bit in its application to the Supreme Court. [read post]
27 Jun 2019, 2:00 pm
The Court not only probed deeply beneath the surface of the formal administrative record, which it rarely does, to conclude that the administration’s justification for the citizenship question was “contrived” and pretextual. [read post]
23 Jun 2014, 7:20 am
To maximise the purpose of the preservation exception within Article 5(2)(c) of the InfoSoc Directive, it could consider clarifying that it applies to all types of preservation copies and all types of works and other protected subject-matter. [read post]
18 Sep 2017, 4:10 pm
Direct voluntary cooperation on emergency matters is challenging as well. [read post]
14 May 2017, 5:53 am
This is especially true if it is assumed that the EUIPO applies national law as a matter of fact and it does not rely on the principle of iura novit curia, see commentary here].That said, the position taken by the CJEU may be understood in light of the ultimate purpose of the review by the GC of the decisions of the Board of Appeal. [read post]
8 Nov 2023, 4:00 am
Rahimi, the smart money said that the Justices would reverse the Fifth Circuit and hold that the Second Amendment does not invalidate 18 U.S.C. [read post]
16 Sep 2021, 4:55 pm
This Report adopts a comparative, analytical and doctrinal approach. [read post]
24 Apr 2024, 4:00 am
That unstated conclusion embraces constitutional pluralism and accepts the relevance of history, tradition, and memory to the job of applying our old Constitution to modern times, while recognizing that pre-existing theoretical commitments are much less important to judges than consequences on the ground (no matter how much judges protest in the Shakespearean sense). [read post]
Dobbs v. Jackson Women’s Health Organization: The Supreme Court Is No Safe Haven for Abortion Rights
9 Dec 2021, 9:01 pm
No matter what the Court does in the SB 8 cases, we will never know why it allowed an obviously unconstitutional law to take effect in the first place and permitted it to continue in effect for at least 100 days. [read post]
17 Jul 2011, 12:32 pm
If an order for a provisional measure does not contain an unmistakable reasoning concerning its jurisdiction as to the substance matter referring to one of the bases for jurisdiction in Article 8 et seq. of the Regulation and if the jurisdiction for the substance matter does not otherwise emerge manifestly from the decision adopted, it is to be assumed that the decision has not been adopted according to the jurisdiction rules of the Regulation. [read post]
27 Aug 2007, 1:39 am
The Court also noted they adopted the goal of the ABA Standards for Criminal Justice for the purpose to end technical distinctions by granting a comprehensive credit that treated all periods of confinement attributable to the underlying criminal transaction as equivalent no matter what label is attached to such incarceration. [read post]
24 Apr 2022, 3:23 pm
Fox, P.A., are proficient at helping parents navigate the complexities of child custody matters, and if you hire us, we will work tirelessly on your behalf. [read post]
6 Aug 2012, 12:46 pm
In fact, community associations often turn to their licensed CAM property managers for matters that they truly should be referring to their attorneys. [read post]
8 Feb 2022, 11:18 am
In rejecting the stay, the court noted that no court had ever adopted the approach urged by the FTC, nor was the FTC taking that approach in any other proceedings. [read post]
6 Oct 2008, 7:27 pm
Although Rule 502 may offer additional protection to parties who disclose privileged or work product material during litigation, counsel will in many instances still choose to conduct thorough privilege and work product reviews, considering that the cost of disclosing confidential information to your adversary remains high, even if the information is subsequently returned or if a court determines that disclosure of such information does not constitute a broad subject matter waiver.… [read post]
15 Jun 2016, 9:45 am
Last week, the Ninth Circuit adopted that position. [read post]
8 Mar 2014, 2:45 pm
The court then adopts the man's recitation of the facts surrounding his signing of the release. [read post]
25 May 2011, 4:39 pm
Judge Ney ultimately adopted the approach of the Restatement (Second) of Torts Section 586, which states that "An attorney at law is absolutely privileged to publish defamatory matter concerning another in communications preliminary to a proposed judicial proceeding...if he [sic] has some relation to the proceeding. [read post]
