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18 Oct 2018, 5:50 am by Mark Tushnet
(In a more extended treatment of First Amendment originalism, I would point out that this is how the Court’s current understanding of the First Amendment as standing for a principle against government suppression of views with which it disagrees can best be defended on originalist grounds – with particular examples used to illustrate the presence of an as-yet-unstated general principle.)(5) “Ultimately, the Union relies, not on founding-era evidence, but on dictum from a… [read post]
18 Oct 2018, 3:05 am by Walter Olson
” Quoting: Excessive counsel fees – class counsel stands to walk away with fully 38% of the settlement as fees. 869 F.3d at 747. [read post]
17 Oct 2018, 7:12 pm by Jamie Markham
The crime is elevated to a Class F felony if an escape, assault, or insurrection actually occurs. [read post]
17 Oct 2018, 4:19 pm by Cynthia Marcotte Stamer
Following on the heels of Monday’s announcement that Anthem, Inc. is paying a record setting $16 million to resolve charges its violations of the enterprise risk assessment and other requirements of the Health Insurance Portability & Accountability Act (HIPAA) Security Rule allowed cybercriminals to breach the electronic protected health information (ePHI) of more than 79 million patients, physicians and other health care providers, health plans and health insurers, health care… [read post]
17 Oct 2018, 11:34 am by John Stigi
Defendants moved to dismiss the complaint arguing, in part, the MFW ab initio requirement was satisfied, and thus, the business judgment rule applied. [read post]
17 Oct 2018, 5:00 am by Daniel E. Cummins
   The court reviewed the parameters of the work product doctrine as set forth under F. [read post]
16 Oct 2018, 7:00 pm
The 2018 Report is also available in other languages:  F S A C R.I have circulated my own reflections on prior reports (2012 Report; 2016 Report; and 2017 Report). [read post]
16 Oct 2018, 3:55 pm by Cynthia Marcotte Stamer
She supports her clients both on a real time, “on demand” basis and with longer term basis to deal with daily performance management and operations, emerging crises, strategic planning, process improvement and change management, investigations, defending litigation, audits, investigations or other enforcement challenges, government affairs and public policy. [read post]
15 Oct 2018, 8:52 am by Jeff Welty
Thurmond, 782 F.3d 1042 (8th Cir. 2015) (finding that discovery of two marijuana roaches and related items in defendant’s garbage provided probable cause to search his home); United States v. [read post]
14 Oct 2018, 9:01 pm by Dean Falvy
Does the accused have the same rights as a criminal defendant? [read post]
12 Oct 2018, 3:57 pm by Jon Ibanez
In fact, Arizona Revised Statutes section 28-1321, which is Arizona’s implied consent law, states that “[i]f a person under arrest refuses to submit to the test…[t]he test shall not be given. [read post]
12 Oct 2018, 7:11 am by Jessica Kroeze
The Proprietor did not provide any further comments.Accordingly, the Opponent/Appellant and the Board had to assume prior to the oral proceedings that the Respondent intended, after the main request, to first prepare the patent in suit in accordance with the first line of defense, with auxiliary requests 1, 2 and 4 to defend. [read post]
11 Oct 2018, 9:09 am
“The Commission’s 2018 report documents gross violations of human rights in ethnic  minority regions, religious freedom violations, harassment of rights defenders and lawyers, suppression of free speech, onerous restrictions on civil society and more—the markings of a fundamentally authoritarian state,” said Senator Rubio. [read post]