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7 May 2012, 5:11 am by Mandelman
    As a matter of fact, if it’s within six months of the default, and the lawyer takes the blame, the court MUST vacate the default judgment. [read post]
26 May 2023, 10:08 am by David Kopel
Another advantage, which mattered greatly in America but was mostly irrelevant for European warfare, is that a flintlock, unlike a matchlock, has s no smoldering hemp cord to give away the location of the user. [read post]
3 May 2019, 10:07 am by Hollis Kelly
Quebec, which was formally a French colony, still follows the civil law tradition except in matters of public and administrative law, whereas the other provinces and territories follow the common law. [read post]
21 Nov 2022, 10:42 am by Trachtman
It should be noted that any improvements regarding investment facilitation benefit international investors from all countries, regardless of whether they are headquartered in signatories of the eventual Agreement or, for that matter, are members of the WTO, and regardless of whether international investors are headquartered in developed or developing countries.[10] Moreover, in a section entitled—remarkably—“sustainable investment”[11]—the Agreement provides… [read post]
7 May 2012, 5:11 am by Mandelman
    As a matter of fact, if it’s within six months of the default, and the lawyer takes the blame, the court MUST vacate the default judgment. [read post]
25 Jan 2007, 12:48 am
The "it," of course, is negligence per se based upon claims that the defendant somehow violated the Food, Drug & Cosmetic Act ("FDCA").Pull up a cyberchair and pay attention because we're going to explain some ways of defeating such claims - as a matter of law - that you probably haven't considered.First, a little bit on why FDCA-based negligence per se is so dangerous and difficult a cause of action to deal with. [read post]
21 Apr 2011, 1:36 pm by Bexis
 As a matter of law, the manufacturers of [a drug] have no duty to communicate any information regarding the risks of taking this product to anyone other than their own customers.2010 WL 5485812, at *5 (quoting Walls v. [read post]
30 Jun 2021, 8:38 am by Eugene Volokh
" But the Court in Barnette stated, "If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters o [read post]
6 Oct 2021, 3:31 pm by David Kopel
Dictionaries cited in the Heller case—Thomas Sheridan (1796), Samuel Johnson (1773), and Noah Webster (1828, the first dictionary of American English)—all defined "bear" as to "carry" or "wear. [read post]
5 Jul 2012, 6:40 am by John Elwood
The judgment in Johnson v. [read post]
4 Dec 2023, 3:06 pm by Aaron Moss
Music Matters One Song, Two Copyrights Trying to determine the public domain status of music can present another trap for the unwary. [read post]
Hank Greely, the Deane F. and Kate Edelman Johnson Professor of Law and the director of the Center for Law and the BiosciencesOn a recent episode of the Stanford Legal podcast, Hank Greely (BA ’74), the Deane F. and Kate Edelman Johnson Professor of Law and the director of the Center for Law and the Biosciences, explained why he thinks the Alabama decision is not likely to have a significant long-term impact on IVF. [read post]
2 Dec 2013, 9:36 am by Will Baude
Although the term was sometimes used loosely, as a legal matter, the term “recess” was typically reserved for the period of time between sessions. [read post]
20 Jun 2014, 10:14 am by John Elwood
  The Court apparently used the extra relists to formulate an additional question it asked the parties to address, suggested by an ill-fated petition the Court denied earlier this term: “Whether, as a matter of statutory interpretation, conviction of threatening another person … requires proof of the defendant’s subjective intent to threaten. [read post]
10 May 2010, 2:52 pm by ALeonard
  She is being nominated by a left-center President (not a radical or a socialist - look carefully at his published writings and campaign positions), who undoubtedly satisfied himself that her general orientation on the issues that matter to him is sympatico with his, but as he is himself a former law professor and deeply respectful of the limitations in the judicial selection process, one suspects that he has satisfied himself generally as to her judicial philosophy and has imposed… [read post]