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29 Aug 2024, 6:30 am by JB
For the Balkinization Symposium on Neil S. [read post]
29 Aug 2024, 6:22 am by Bruce Zagaris
”3  Additionally, the Court argued that the “cause of action” for securities fraud centers around the same behavior forbidden by common law fraud which further suggests that the claims are legal and therefore subject to the Seventh Amendment.4 The SEC claimed their case fell under the criteria for the public rights exception to the Seventh Amendment, which grants Congress permission to designate certain matters for decision by federal agencies instead of juries if the case… [read post]
29 Aug 2024, 6:22 am by Bruce Zagaris
”3  Additionally, the Court argued that the “cause of action” for securities fraud centers around the same behavior forbidden by common law fraud which further suggests that the claims are legal and therefore subject to the Seventh Amendment.4 The SEC claimed their case fell under the criteria for the public rights exception to the Seventh Amendment, which grants Congress permission to designate certain matters for decision by federal agencies instead of juries if the case… [read post]
29 Aug 2024, 6:05 am by Olga Butkevych
(Editor’s note: This article is part of Just Security’s Symposium, International Law in the Face of Russia’s Aggression in Ukraine: The View from Lviv.) [read post]
29 Aug 2024, 5:53 am by jonathanturley
For example, there may be a more credible basis for imposing a higher standard on public figures on subjects of great public interest. [read post]
29 Aug 2024, 12:00 am
Modern medicine saves many lives that would have been lost only decades ago and many surgeries that traditionally required several days in the hospital are now performed on an outpatient basis. [read post]
28 Aug 2024, 11:00 pm by Thaddeus Mason Pope, JD, PhD
I am delighted to return to the Brocher Foundation in a few weeks for Exploring Futility as Normative Basis for Palliative Psychiatry – A Delphi-based Workshop.Severe and persistent mental illness (SPMI) is defined as a mental disorder that is resistant to evidence-based interventions and impairs psychosocial functioning. [read post]
28 Aug 2024, 4:28 pm by INFORRM
.- The Court’s judgment In its judgment of 4 June 2024 the ECtHR first confirmed that the abuse clause of Article 17 ECHR, eventually annihilating Sokolovskiy’s protection under Article 10 ECHR, can only be applied on an exceptional basis and in extreme cases. [read post]
28 Aug 2024, 4:05 pm by Lawrence Solum
What is the basis for absorbing and inverting out-of-state state law? [read post]
28 Aug 2024, 1:30 pm by Rebecca Tushnet
Statutory damages: The relevant statutes aren’t explicit about whether statutory damages are calculated on a per-person or per-violation basis. [read post]
28 Aug 2024, 1:25 pm by Ilya Somin
In part on that basis, numerous federal court decisions struck down Trump Administration efforts to force liberal sanctuary cities and states to help enforce federal immigration law. [read post]
28 Aug 2024, 1:03 pm by Sadie Mayhew
Georgia Tech provided the Department of Defense with a false cybersecurity assessment score, which was a basis for the underlying defense contracts. [read post]
28 Aug 2024, 12:05 pm by ACLU
At the same time, federal nondiscrimination guidance permits profiling on the basis of race, religion, national origin, and other protected characteristics. [read post]
28 Aug 2024, 10:52 am by Eugene Volokh
["[T]he district court’s Rule 50 ruling improperly intruded on the province of the jury by making credibility determinations, weighing evidence, and ignoring facts or inferences that a reasonable juror could plausibly have found to support Palin’s case. [read post]
28 Aug 2024, 8:50 am by David Oxenford and Keenan Adamchak
  As we discussed here, NAB argues that the FCC had no basis for reinstating the rule and failed to seek public comment to determine if any real public interest issues developed during the four years when the rule was not in effect. [read post]
Yassin has maintained that his remarks were based on factual basis and were not intended to insult the royalty. [read post]
28 Aug 2024, 7:40 am by Alex Phipps
This post summarizes the published criminal opinions from the Supreme Court of North Carolina released on August 23, 2024. [read post]
Second, not surprisingly, Blackbaud is required to have a Security Incident Response Plan that requires Blackbaud to notify its customers on a timely basis. [read post]