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31 Jan 2024, 9:12 am
“The petitioner is correct that reconsideration of the rule is a pressing matter that belongs on the Commission’s current notice-and-comment rulemaking agenda,” Peirce concluded. [read post]
31 Jan 2024, 6:22 am
”[15] Instead, mere constructive notice is often sufficient for criminal liability.[16] The use of notice-and-comment rulemaking to adopt the ATF’s 2018 interpretation of “machinegun” obviates any constructive notice concerns. [read post]
30 Jan 2024, 9:31 pm
While Japan does not recognize surrogacy locally, recent developments in Austria and Germany show recognition of children born through surrogacy abroad. [read post]
30 Jan 2024, 9:02 pm
This may inflict precisely the kind of societal harm the Founders adopted the First Amendment to protect against . . . . [read post]
30 Jan 2024, 1:08 pm
Under s.1(1) if a publication does not cause, or is not likely to cause, serious harm to reputation it is not defamatory. [read post]
29 Jan 2024, 10:30 pm
In an effort to address criticism, the Regulation 2019/788 was adopted. [read post]
29 Jan 2024, 8:41 am
Per the Court: “The mere possibility that a project may change as it moves through the planning process does not preclude applying CEQA’s requirements at the early stages of project review. [read post]
29 Jan 2024, 8:18 am
ESMA adopts a technology-neural approach in its draft guidelines, stressing that the application of financial markets legislation does not depend on the actual use of any technology. [read post]
29 Jan 2024, 5:17 am
One consideration, of course, is to adopt, regularly assess, and practice an incident response plan. [read post]
29 Jan 2024, 4:46 am
If so, it will be interesting to see if the First Department adopts the Second Department’s entity-favorable “liquidation” standard, applies a more shareholder-favorable strict construction of BCL §§ 909 and 910, or adopts a different standard of its own. [read post]
28 Jan 2024, 10:30 pm
The Council decisions on the conclusion of the Istanbul Convention on behalf of the EU were carefully crafted, confining the EU’s accession to matters related to judicial cooperation in criminal matters, asylum and non-refoulement. [read post]
28 Jan 2024, 9:01 pm
Many other states have recently adopted, or are considering, rules that would narrow the permissibility of non-competes. [read post]
28 Jan 2024, 4:48 pm
What does Florida’s law actually say? [read post]
28 Jan 2024, 7:49 am
Scholars and commentators opposed to disqualifying former President Trump from all future officeholding make basic historical errors and engage in remarkably selective citation when arguing that the failed impeachment of William Blount in 1798-99 is a vital precedent for their fanciful claim that presidents are not officers of the United States. [read post]
27 Jan 2024, 7:54 pm
Their position has been adopted by colleagues and students. [read post]
27 Jan 2024, 2:29 pm
But it does not change the thrust of the act of identifying the plausible--one is looking for what one wants to find; that is the threshold of the plausible. [read post]
27 Jan 2024, 12:33 pm
In a word, how far under the hood of the wage information provided by the parties is the judge supposed to look and how does she get there in an evidentiary sense. [read post]
26 Jan 2024, 9:01 am
Still the prospect of further scrutiny by the Court matters. [read post]
26 Jan 2024, 7:53 am
Indeed, DIA has proclaimed its respect for the “presumption of innocence” in such matters. [read post]
26 Jan 2024, 6:11 am
What Does ‘No-Fault’ Mean in California Divorce? [read post]
