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27 Nov 2014, 6:00 am by Federico Costantini
I appreciated Manzoli’s post and accepted with pleasure the invitation of Christine Kirchberger – to whom I am grateful – to share my views with the readers of this prestigious blog. [read post]
25 Nov 2014, 5:03 pm
The papers submitted in connection with a motion for summary judgment are always viewed in the light most favorable to the non-moving party. [read post]
24 Nov 2014, 6:34 am by Beth Graham
This is the final installment in Disputing‘s series focused on sections of a research paper entitled, “Arbitration in Evolution: Current Practices and Perspectives of Experienced Arbitrators,” by Pepperdine University School of Law Professor Thomas Stipanowich and Straus Institute for Dispute Resolution Research Fellow Zachary Ulrich. [read post]
24 Nov 2014, 4:50 am by Jeff Gamso
 And there is that thing about Thomas having plucked out his eyes - eaten one and thrown away the other - but hey, drugs and alcohol and faking and all that.Panetti, after all, is just schizophrenic, subpoenaed the late President Kennedy and the later (or perhaps eternal depending on your point of view and belief system) Jesus Christ to testify at his trial and knows that they claim they intend to kill him for murdering his in-laws but thinks it's really because of… [read post]
24 Nov 2014, 4:35 am
’ To that end, the court concluded the following with respect to sections 1030(a)(2) and section (4)of the Computer Fraud and Abuse Act:`Given the plain language, legislative history, and principles of statutory construction, the restrictive view of authorization is adopted. [read post]
22 Nov 2014, 8:47 pm by Kirk Jenkins
 So why can’t that definition be read into Section 10-10.1, leading to the view that service on the members is service on the Board? [read post]
22 Nov 2014, 1:48 pm by Kirk Jenkins
Justice Thomas asked whether the Recorder was endorsing the view that the Court should reach the constitutional issues. [read post]
21 Nov 2014, 2:51 pm by Kent Scheidegger
  Justice Thomas, concurring in the judgment, adheres to his lone view that the formality of the statement is the controlling factor. [read post]
20 Nov 2014, 8:41 am by Alan J. Borsuk
Video of the morning-long conference may be viewed by clicking here. [read post]
19 Nov 2014, 7:22 pm by Daniel E. Cummins
Omega Flex, click HERE.In his Dissenting and Concurring Opinion, which can be viewed HERE, Justice Saylor noted, in part, that he favored the adoption of the Restatement Third for products cases.I send thanks to Attorney Ken Newman of the law firm of Thomas, Thomas & Hafer for bringing this case to my attention. [read post]
19 Nov 2014, 1:56 pm by Kirk Jenkins
 That view would undercut the historic basis of the Whistleblower Act, counsel argued – a small fine wasn’t the intended remedy under the Act. [read post]
19 Nov 2014, 10:04 am by Carolyn E. Wright
Commercial film and photography permit fees should be primarily viewed as land-use fees. [read post]
18 Nov 2014, 9:01 pm by Michael C. Dorf
To be sure, some observers view the King case as presenting a conflict between two approaches to statutory construction. [read post]
18 Nov 2014, 11:16 am
  Deferring to the prosecuting branch’s expansive views . [read post]
18 Nov 2014, 8:38 am by Beth Graham
”  Interestingly, “almost half (45.8%) viewed ad hoc proceedings as entailing similar costs while almost as many (41.7%) perceived ad hoc arbitration as less costly. [read post]
18 Nov 2014, 7:43 am
He broke somewhat from most of the Framers, however, in taking a radical states’-rights view of the Constitution akin to that of the opponents of the Constitution. [read post]