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1 May 2015, 6:44 pm by Stephen Bilkis
The court does not credit C.L.s testimony that it was not until four months later, in May of 2003, that it was he who had initiated the first contact with DSS by making a telephone call to Ms. [read post]
23 Mar 2012, 8:23 am by Rick Pildes
For many decades, legal scholarship on presidential power was confined to assessing how much formal legal power the President should be understood to have, as a matter of the original understanding at the time of the Constitution’s adoption or subsequent legal and political practice. [read post]
9 May 2011, 4:49 am by Mike Aylward
  In a rare bright note, however, the Florida Supreme Court has declared that the liberal rules that it adopted a few years ago requiring disclosure of work product in first party bad faith cases does not apply with respect to attorney-client privileged communications. [read post]
7 Dec 2009, 7:15 am
Tax legal scholarship sometimes explicitly adopts or assumes a utilitarian social welfare function, but more often does not specify a social welfare function. [read post]
24 Jul 2012, 11:34 am by Kenneth Vercammen
The document does not contain the signature of decedent or any witnesses. [read post]
The court asked the parties to brief and argue whether the borrowers suing to block the program have Article III standing, and whether the Department of Education’s (DOE) plan is “statutorily authorized and was adopted in a procedurally proper manner. [read post]
27 Apr 2018, 7:35 pm
It remains to be seen whether the full implementation of Islamic law in Brunei complicates relations with China or deters private investment.Sharia demands a high evidentiary burden of proof, such as the requirement of four pious men to witness personally an act of fornication to support a sentence of stoning, which would make cases of capital punishment rare.Brunei’s legal system is based on British common law with a parallel sharia law system for Muslims that had largely governed custody… [read post]
6 Mar 2019, 5:15 am by Robert Stoll
The Athena case does not portend well for the CAFC adoption of the recent USPTO guidance on Section 101. [read post]
23 Aug 2020, 9:31 am by Howard Friedman
[T]he development of the Establishment Clause and standing doctrines over the past fifty years counsels against adopting offended observer standing here and now, when no contrary precedent binds this Court. [read post]
29 Jul 2022, 7:16 am by Christine Corcos
Nor did the adoption of the Constitution mark a change in that practice: its text does not specify new limits on delegation; no one in the ratification process suggested it might be read to do so; and vesting clauses in state constitutions with identically tripartite structures (and explicit separation-of-powers clauses) were understood to permit broad delegations. [read post]
29 Jul 2022, 7:16 am
Nor did the adoption of the Constitution mark a change in that practice: its text does not specify new limits on delegation; no one in the ratification process suggested it might be read to do so; and vesting clauses in state constitutions with identically tripartite structures (and explicit separation-of-powers clauses) were understood to permit broad delegations. [read post]
31 Dec 2008, 5:15 am
First adopted in 1937, the rule permits brokers to vote uninstructed shares, but not for controversial matters. [read post]
23 Jul 2015, 7:42 am by Sara DePasquale
This statement is hearsay since it was made out of court and was offered to prove the truth of the matter asserted. [read post]
27 Mar 2015, 8:40 am by Mark Ashton
But the greater challenge here is that in a world where families are evolving as a matter of fact, if not necessarily as a matter of law, what does it take to qualify for the appellation “parent” besides biology or residence while married to a woman who has become pregnant? [read post]
5 Apr 2014, 7:45 pm by Howard Friedman
As previously reported, in January the Department of Defense adopted a revised policy on religious accommodation in the military, including on matters of appearance and grooming. [read post]
3 May 2016, 9:07 pm
The analysis of the relevant responsibility allocation clauses showcases that a holistic approach should be adopted that does not micromanage the different aspects of the UN involvement in regional missions, but treats them as an aggregate that should be taken into account as a whole when allocating responsibility. [read post]
30 Aug 2019, 11:44 am
Petrova, What Matters Is Who Supports You: Diaspora and Foreign States as External Supporters and Militants’ Adoption of Nonviolence Yoram Z. [read post]
2 Mar 2017, 4:00 am by Howard Friedman
The court concluded that the 1st Amendment does not apply because no state actor was involved in the conduct. [read post]