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13 Oct 2014, 3:22 pm
As the July 11, 2000 will revoked all prior wills of the decedent, its destruction would, in the absence of a subsequent will, result in the decedent's property passing pursuant to the laws of intestacy and the Executor not being named as executor. [read post]
18 Mar 2020, 4:44 pm
Granston stressed that in declined cases, the government is a “third party” as described in United States ex rel. [read post]
2 Dec 2020, 9:31 am
Yesterday at our final colloquium of the year, we discussed the above paper, coauthored by Erin Scharff (who was our presenter) and Darien Shanske. [read post]
27 May 2023, 10:44 am
However, that columnist considered the implications of the Dark Brandon scenario only with respect to the relative strength of the parties' bargaining positions. [read post]
31 Jul 2013, 7:00 am
As I'll discuss, the relatively limited statutory definition becomes confusing when applied to data theft cases.Defining "Loss""Loss" is not the same as damage. [read post]
30 Nov 2012, 10:06 am
“Early on” being a relative term as courts seem more willing to enter Lone Pine orders after a litigation has been around a while. [read post]
22 Jun 2014, 3:38 pm
As the July 11, 2000 will revoked all prior wills of the decedent, its destruction would, in the absence of a subsequent will, result in the decedent's property passing pursuant to the laws of intestacy and the Executor not being named as executor. [read post]
3 May 2020, 6:30 am
For these reasons, the Constitution could not stand above the conflict. [read post]
31 Mar 2008, 11:41 pm
It's my blog and I get to write that sort of thing.)According to the controlling statute, 28 U.S.C. 455, the justices should step aside if they have a personal bias concerning anyone in the case, or independent knowledge of the facts in dispute; if they worked on the case as a private or government lawyer; or if they or close relatives have a financial interest in the case. [read post]
18 Mar 2022, 7:39 am
Despite the rhetoric accompanying its introduction, the measures that would be imposed by DACA are relatively modest. [read post]
31 May 2018, 4:17 pm
The Board makes this conclusory declaration without any reasoning or citation to established law. [read post]
17 Dec 2019, 12:15 pm
The goal was to produce a series of books, written by distinguished legal scholars, that would be relatively brief (roughly 40,000 words, lightly footnoted), that would deal with important issues of constitutional law and that would be both interesting to constitutional law experts and accessible to general readers. [read post]
19 Sep 2011, 9:36 am
Reform of the Common Law Federal Rule of Evidence 703 formally abandoned the common-law requirement that expert witnesses base their opinions upon evidence of record, either personal observations or facts admitted into evidence. [read post]
15 Sep 2024, 1:10 pm
Very interesting both as a relatively rare CJ decision on disrepair/fitness, and for the CJ’s viw on the appropriate approach to quantum for unfitness. [read post]
13 Feb 2019, 3:08 pm
Indeed, a number of affected users are said to have created an informal committee, which has already retained leading Canadian law firms to represent it. [read post]
18 Aug 2016, 2:21 pm
As noted above, a taxable distribution imposes an excise tax of 20% on the sponsoring organization and 5% (with a $10,000 cap) on any fund manager who knowingly agrees to the distribution. [read post]
12 Dec 2023, 10:17 am
As noted above, once a partner has purchased equity in a partnership, there is almost always a difference in the partners’ aggregate outside basis and the partnership’s inside basis. [read post]
21 Dec 2021, 9:01 pm
If, on the other hand, you want to alleviate your patient’s excruciating pain—and alleviating terrible pain with the high morphine dose is necessary and legitimate and proportionate to the harm of death caused by the overdose—then giving your patient that same overdose is a fine thing to do.Many have criticized the DDE, as described above, for distinguishing between identical actions based on intention and defining one as legitimate and the other as bad. [read post]
20 Feb 2019, 9:01 pm
Because Democrats have passed laws in some states to protect the status quo, should the Supreme Court—freshly packed by Republicans with extreme ideologues—turn the question of abortion rights back to the states by overturning Roe v. [read post]
25 Jan 2018, 9:01 pm
Even the federal workers (including military personnel) who are affected are made whole after the fact, making relatively short shutdowns almost literally a matter of political theater.And so it was over the weekend. [read post]
