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21 Jul 2016, 1:54 pm by Eugene Volokh
Not a personal discretion of the individual judge, not caprice, not sympathy, but a judicial discretion—one based upon the principles which had activated the Chancellors of the past—which enabled the court to consider a variety of factors that might be involved in the particular case and evaluate them, weighing one against the other, before coming to its conclusion.[15] The mode of reasoning associated with the Chancery overlaps to a great degree with the first two meanings of equity… [read post]
29 Dec 2006, 9:40 am
While all four tools fall into a common category — computer forensics software — each has its particular focus. [read post]
16 Jul 2010, 2:40 pm by Federal and Extradition Defense
Hubbart, 6 U.S. (2 Cranch) 187, 234 (1804) (Marshall, C.J.)).As we have explained, however, [w]hether Congress has chosen to exercise that authority . . . is an issue of statutory construction. [read post]
18 Jun 2012, 5:13 am by Dianne Saxe
The average was skewed by one fine of $200,000 against Suncor Energy Inc. for a release of effluent from sedimentation ponds during a road construction in northern Alberta. [read post]
10 Feb 2014, 8:20 am by Dennis Crouch
See, In re Cybernetic Services, Inc., 252 F.3d 1039 (9th Cir. 2001) (“Congress intended for parties to record their ownership interests in a patent so as to provide constructive notice only to subsequent holders of an ownership interest. [read post]
2 Apr 2018, 4:03 pm by Kevin LaCroix
In the following guest post, David Fontaine, CEO of Kroll, Inc. and its parent, Corporate Risk Holdings, and John Reed Stark, President of John Reed Stark Consulting and former Chief of the SEC’s Office of Internet Enforcement, take a look at the SEC’s guidance, with a particular focus on what the agency’s statement has to say about the duties of corporate directors. [read post]
22 Jan 2010, 10:08 am by Lawyer Sanders
In the complaint filed concurrently with the settlement, the federal government and the 10 state and two local governments alleged that the company constructed new glass furnaces or modified existing ones over the course of two decades without first obtaining pre-construction permits and installing required pollution control equipment. [read post]
21 May 2020, 2:35 pm by Kevin LaCroix
Reclassification, Overtime Claims, Constructive Discharge, and the WARN Act. [read post]
8 Mar 2018, 4:00 am by David Stanton, Wenqing Zhao
Editor’s Note: SinoTech is a new bi-weekly Lawfare series on technology-related legal and policy issues in China and the United States with a focus on implications for U.S. [read post]
7 Sep 2017, 7:36 am by Bob Kraft
Inc., owner of the electrical lines, was responsible for his injuries as it was negligent in maintaining and constructing the wires. [read post]