Search for: "MATTER OF RULES OF EVIDENCE"
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3 Apr 2019, 10:45 am
Publications:"Critiquing Matter of A-B-: An Uncertain Future in Asylum Proceedings for Women Fleeing Intimate Partner Violence," University of Michigan Journal of Law Reform, vol. 52, no. 2 (2019) [full-text]"From the Battlefield to the Bedroom: A Multilevel Analysis of the Links between Political Conflict and Intimate Partner Violence in Liberia," BMJ Global Health, 3:e000668 (April 2018) [open access]"Gender Bias in Asylum Adjudications: Evidence for… [read post]
16 Jul 2018, 3:30 am
Evidence outside the four corners of the document as to what was really intended but unstated or misstated is generally inadmissible to add to or vary the writing. [read post]
22 May 2014, 4:00 am
Supreme Court vacated the termination and remanded the matter to the Department for its determination of a lesser penalty.The Appellate Division reversed the lower court’s ruling, noting that the Hearing Officer upheld many of the charges and specifications lodged against Teacher, which findings were not challenged on appeal. [read post]
19 Dec 2022, 4:00 am
According to the Opinion, this matter arose out of a shooting incident on premises owned by the Defendant. [read post]
21 May 2021, 1:26 pm
See if you can detect the difference as we talk about A GTMO military commission ruling construing the Military Commissions Act prohibition on the admissibility of information derived from torture or cruel, inhuman, or degrading treatment to apply only as to offers of evidence in the trial setting, not to pre-trial motion practice (at least where the statement in question is not offered for the truth of the matter asserted). [read post]
13 Oct 2014, 6:31 am
It suggests that they may shed light on the State’s opinion on matters of international law, but may not be considered as evidence of a State’s opinion juris unless the government of the day endorses, either expressly or implicitly, the legal opinion enunciated by the former government official. [read post]
28 Aug 2024, 11:31 am
[W]e emphasize that our ruling today is solely that the BIA abused its discretion in the Reconsideration Denial by flouting its own precedents and ratifying the use of the Coelho standard in the Reopening Denial. [read post]
8 Feb 2010, 4:01 am
Kelly terminated Anthony Chiofalo, a detective with the New York City Police Department after Chiofalo was found guilty of testing positive for marijuana using the radioimmunoassay method of hair testing.The Appellate Division noted that in this instance the Commissioner substituted his judgment for that of the assistant deputy commissioner of trials but ruled that the Commissioner “was entitled” to do so, including substituting his judgment for those of the hearing panel on… [read post]
23 Nov 2009, 6:00 am
In throwing out 50 guilty verdicts against the grocery store founder, the Judge ruled that new evidence came to light that may have exonerated him. [read post]
5 Apr 2015, 3:01 pm
In this case, there is no support for any argument on behalf of the defendant that the evidence was legally insufficient as a matter of law and therefore, this Court sees no basis to disturb the jury's verdict. [read post]
8 Sep 2014, 11:54 pm
Samsung actually had evidence in the first California case (but was not allowed to present it to the jury, which is part of the reason why Samsung wants the ruling in the first case overturned) that it had designs with rounded corners and other iPhone-like elements in the works back in 2006, before the original iPhone was shown:I acknowledge that I underestimated the significance of this evidence in 2012. [read post]
14 Apr 2006, 9:34 am
This case sends mixed signals, but is positive to the extent that it is evidence that judges are at least closely looking at various factors, and are not ruling de facto in favor of consolidation. [read post]
21 Feb 2007, 1:35 pm
However, because the court's opinion spelled out for the first time the standards for evaluating whether the school district's response to the harassment was sufficient to meet its statutory obligations, the court remanded the matter to the Division of Civil Rights to reopen the hearing record so that each side could present evidence as to the reasonableness of the district's response. [read post]
23 May 2023, 1:05 pm
And that would be true no matter how extensive the evidence that the new policy was motivated by anti-Semitic prejudices, or that Jewish applicants had to have stronger academic records to be admitted than those required of gentiles. [read post]
12 Sep 2014, 1:41 pm
This matters because the opinion’s analysis of preemption boiled down to whether the co-marketer was preclud [read post]
17 May 2011, 1:05 pm
Michael Ratner would have treated the pursuit of Osama bin Laden as a law enforcement matter, not as a matter of war. [read post]
4 May 2017, 5:00 am
" The court explained that where a quasi-legislative determination is challenged, "actual notice of the challenged determination is not required in order to start the statute of limitations clock" ticking as the policy underlying the rule is that actual notice to the general public is not practicable. [read post]
4 May 2017, 5:00 am
" The court explained that where a quasi-legislative determination is challenged, "actual notice of the challenged determination is not required in order to start the statute of limitations clock" ticking as the policy underlying the rule is that actual notice to the general public is not practicable. [read post]
28 Dec 2007, 8:45 am
The majority has ruled that the federal district court erred in holding that the defendants were liable on plaintiffs' motion for summary judgment. [read post]
25 Oct 2018, 7:02 am
The Division’s previous SLB noted that the board is often well-positioned to make the judgment calls necessary to evaluating whether a proposal raises an issue that is “otherwise significantly related” to a company’s business (for purposes of the Rule 14a-8(i)(5) economic relevance exception) or transcends ordinary business matters (for purposes of Rule 14a-8(i)(7)’s ordinary business exception). [read post]
