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11 Nov 2012, 4:15 pm by NL
The shortage of accommodation means that such difficult choices have to be made.Ms A issued a s.204 appeal on grounds that:The Respondent failed to make sufficient enquiry and failed to take relevant matters into account; The Respondent fettered its discretion and/or applied the wrong test; and The Respondent’s decision is Wednesbury unreasonable.Ms A asked the Court to substitute a decision that the property was not suitable.Waltham defended and said even if it found for Ms A, the Court… [read post]
13 Jul 2016, 4:04 pm by Donald Clarke
(For an excellent quick overview of the whole thing (which this post definitely is not), check out this great Lawfare blog post by Robert Williams. [read post]
27 Oct 2008, 3:49 pm
Schales, No. 07-10288 A child pornography case is remanded to the district court with order to vacate either the conviction for receiving child pornography in violations of 18 U.S.C. section 2252(a)(2), or the conviction for possessing child pornography in violation of 18 U.S.C. section 2252(a)(4)(B), due to violation of the Double Jeopardy Clause where: 1) possession of child pornography is a lesser included offense within receipt of child pornography; and 2) convictions on the two counts… [read post]
18 Apr 2012, 4:59 am by Rob Robinson
  bit.ly/HzXpGZ (Joshua Engel) Communications with Unretained Experts, Unprotected by Rule 26(b)(B)(4)(C) – Any Exceptions? [read post]
2 Jan 2024, 5:50 am by Caroline Fredrickson
As the new year begins, former President Donald Trump likely has a lot on his mind. [read post]
23 Jun 2023, 6:55 am by John Elwood
Then the en banc Federal Circuit reversed, holding by a 10-2 vote that “[b]y its plain language, § 3327(d)(2) applies to Rudisill” and was not exempt from the limitation because he had several periods of service. [read post]
27 Feb 2008, 12:11 am
  The prosecutors took a somewhat different approach than I expected in saying how Scruggs allegedly violated Judge William Acker's injunction. [read post]
24 Oct 2012, 7:27 pm by Jon G. Brooks
The Chair of the San Jose Chapter 13 Committee—a group of bankruptcy attorneys representing debtors in Silicon Valley—recently asked me and several of my colleagues to give presentations to the committee on the history of bankruptcy and debt in various cultures. [read post]
17 Aug 2011, 6:24 am by Paul Horwitz
 You might also look at the cover story in this week's ABA Journal, co-authored by William Henderson, and think a little bit about opportunities in the new legal economy. [read post]
2 Nov 2021, 4:00 am by Deanne Sowter
The Family Law Act, SBC 2011, c 25, provides that “family dispute resolution professionals” including lawyers, “must assess, in accordance with the regulations, whether family violence may be present” and the “extent to which the family violence may adversely affect (a) the safety of the party or a family member of that party, and (b) the ability of the party to negotiate a fair agreement” (s.8(1)). [read post]
11 Nov 2012, 4:15 pm by NL
The shortage of accommodation means that such difficult choices have to be made.Ms A issued a s.204 appeal on grounds that:The Respondent failed to make sufficient enquiry and failed to take relevant matters into account; The Respondent fettered its discretion and/or applied the wrong test; and The Respondent’s decision is Wednesbury unreasonable.Ms A asked the Court to substitute a decision that the property was not suitable.Waltham defended and said even if it found for Ms A, the Court… [read post]
21 Jul 2017, 2:07 pm by Eugene Volokh
” At first glance, Professor Volokh’s argument seems logical, but its logic is abstract: A::B as C::D. [read post]
24 Feb 2012, 3:02 pm
Por ser considerado um crime de menor potencial ofensivo, a pena pode ser revertida em pagamento de cestas básicas ou prestação de serviços à comunidade. [read post]
4 Jun 2014, 7:41 pm by Schachtman
In 1991, Peter Huber, discussing traumatic cancer claims, wrote: “After years of floundering in the junk science morass of traumatic cancer, judges slowly abandoned sequence-of-events logic, turned away from the sympathetic speculations of family doctors, and struggled on to the higher and firmer ground of epidemiology and medical science. [read post]
22 Oct 2020, 7:17 pm by Jamie Markham
The Court affirmed the trial court’s denial of the defendant’s request for an instruction on defense of habitation when there was no evidence that the victim had entered or was in the process of entering his home as required by G.S. 14-51.2(b)(1). [read post]