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4 Jun 2010, 9:56 am
Significantly the court said that GML §207-c is a remedial statute enacted for the benefit of law enforcement personnel injury in the performance of duty and, as such, should be liberally construed. [read post]
4 Jun 2010, 5:48 am
The CJEU ruling is out: Internetportal und Marketing GmbH v Richard Schlicht (Domain Name / Nom de Domaine!) [read post]
4 Jun 2010, 3:26 am by Andrew Lavoott Bluestone
Affording the complaint a liberal construction, and according its factual allegations every possible favorable inference (see Leon v Martinez, 84 NY2d 83, 87-88; Shaya B. [read post]
3 Jun 2010, 7:12 pm by Jonathan H. Adler
In a case involving prisoners’ rights, for example, Kagan criticized a 1984 Supreme Court decision–Strickland v. [read post]
1 Jun 2010, 3:37 am by Andrew Lavoott Bluestone
" In considering a motion to dismiss pursuant to CPLR 3211, the court must afford the complaint a liberal construction and "determine only whether the facts as alleged fit within any cognizable legal theory" (Leon v Martinez, 84 NY2d 83, 87-88). [read post]
31 May 2010, 1:19 pm by Edward M. McNally
This is an important point as Delaware law is more liberal than some states' law in upholding claims of privileged communication. [read post]
31 May 2010, 8:45 am by Boston University Law Review
Simons, Page 715 State Legitimacy and Political Obligation in Justice for Hedgehogs: The Radical Potential of Dworkinian Dignity Susanne Sreedhar & Candice Delmas, Page 737 PANEL V: POLITICS AND JUSTICE I In Hedgehog Solidarity C. [read post]
30 May 2010, 12:10 pm by Tom W. Bell
[Crossposted at Agoraphilia and The Technology Liberation Front.] [read post]
30 May 2010, 11:55 am by Tom W. Bell
[Crossposted at Agoraphilia and The Technology Liberation Front.] [read post]
28 May 2010, 7:16 am by Erin Miller
Briefly: At Concurring Opinions, Robert Schapiro comments on the potential implications that the Court’s recent decision in United States v. [read post]
27 May 2010, 7:11 am by Anna Christensen
Jonathan Chait bemoans the current state of the Supreme Court nomination and confirmation process at the New Republic, describing Kagan as embodying the “state-of-the-art modern Supreme Court nominee” – a young candidate with no record of legal opinions but with strong connections to the establishment of the party in power. [read post]
26 May 2010, 11:15 am by Erin Miller
  The procedure in that case, Burnham v. [read post]