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21 Jan 2020, 4:07 pm
Under the ABC test, a hiring entity must prove that a worker is in fact an independent contractor by demonstrating: (A) the worker is free from the control and direction of the hirer in connection with the performance of the work, both under the contract for the performance of such work and in fact; (B) the worker performs work that is outside the usual course of the hiring entity’s business, and (C) the worker is customarily engaged in an independently established trade, occupation,… [read post]
21 Jan 2020, 11:07 am
Rather, plaintiffs sought declaratory and injunctive relief under claims that allege (a) a violation of the Equal Protection Clause of the Fifth Amendment; (b) a substantive constitutional right to a “climate system capable of sustaining human life” under the Due Process Clause of the Fifth Amendment; (c) an implicit right to a stable climate under the Ninth Amendment; and (d) a violation of the federal public trust doctrine. [read post]
21 Jan 2020, 9:29 am
Murphy, Peremptory Norms of General International Law (Jus Cogens) and Other Topics: The Seventy-First Session of the International Law Commission Editorial CommentRichard B. [read post]
21 Jan 2020, 7:32 am
B. [read post]
21 Jan 2020, 7:21 am
Therefore, the prior bad acts evidence presented in Smith’s trial was properly admitted under the Ohio Constitution, the Federal Constitution, and Evid.R.404(B). [read post]
21 Jan 2020, 5:03 am
[B.] [read post]
20 Jan 2020, 3:55 pm
Contract LawTortsEconomic Loss DoctrineFraud in the InducementMisrepresentationCommon LawAdvertisementUnfair CompetitionConsumer LawCommercial PurchaserWisconsin LawAll subsequent references to the Wisconsin statutes are to the 2015-16 version unless otherwise indicated.Wisconsin Stat. [read post]
20 Jan 2020, 8:01 am
Frazier" quality of this one; no et als, no d/b/as, no on behalf ofs … just the two titans facing off. [read post]
20 Jan 2020, 6:57 am
Does rule 5.042(b) apply to F.S. 732.401? [read post]
20 Jan 2020, 4:59 am
[But now b]oth the radical and the realist models warrant serious consideration.... [read post]
20 Jan 2020, 4:00 am
” (See Section 707(b)(1) of the Bankruptcy Code.) [read post]
20 Jan 2020, 4:00 am
” (See Section 707(b)(1) of the Bankruptcy Code.) [read post]
20 Jan 2020, 4:00 am
Helfand, ‘The Peculiar Genius of Private-Law Systems': Making Room for Religious Commerce, (Washington University Law Review, Forthcoming).Katherine Shaw, Reva B. [read post]
19 Jan 2020, 9:01 pm
A food safety plan must include the following:” (1) “The written hazard analysis, as required by § 117.130(a)(2);” (2) “The written preventive controls, as required by § 117.135(b);” (3) “The written supply-chain program, as required by subpart G;” (4) “The written recall plan, as required by § 117.139(a);”… [read post]
19 Jan 2020, 7:15 pm
Art. 113 Abs. 1 und Art. 158 Abs. 1 lit. b StPO). [read post]
18 Jan 2020, 1:23 am
(b) of Art. 135]. [read post]
17 Jan 2020, 8:19 am
Article prepared by and republished courtesy of our colleagues Christine Daya, Thomas M DeButts, Danish Hamid, Sarah E. [read post]
17 Jan 2020, 7:45 am
" Under the regulations, “'[r]egistered nurses who are registered by the appropriate State examining board generally meet the duties requirements for the learned professional exemption.' By contrast, 'licensed practical nurses or other similar health care employees . . . generally do not qualify as exempt learnedprofessionals because possession of a specialized advanced academic degree is not a standard prerequisite for entry into such occupations. [read post]
17 Jan 2020, 7:05 am
Conflicto Río Atuel reloaded: enfoque de cuenca y de recomposición ambiental. [read post]
16 Jan 2020, 3:45 pm
Firm B’s engagement, however, is problematic as it is unclear how Firm B would be in a position to supervise the departing representative’s compliance with Firm B’s Regulation Best Interest requirements. [read post]