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19 May 2020, 6:15 pm by Sandy Levinson
 So does one take an oath to the "true" Original Constitution or to the Constitution as dynamically amended, without any use of Article V, at least up to the time that one takes the oath? [read post]
19 May 2020, 8:30 am by Guest Blogger
The same is true of the Constitution. [read post]
19 May 2020, 5:59 am by Andrew Lavoott Bluestone
Accepting as true the facts alleged in the complaint, and according the plaintiffs the benefit of every favorable inference (see Leon v Martinez, 84 NY2d at 87-88), the conclusory allegations of the complaint failed to adequately plead specific facts to establish that, but for the defendants’ alleged negligent conduct, the outcome in the underlying action would have been any more favorable to the plaintiffs, or that the plaintiffs would not have incurred any damages (see… [read post]
18 May 2020, 11:00 pm by Giesela Ruehl
  Full (German) version: Silja Vöneky, Die Stellung von Unternehmen in der Investitionsschiedsgerichtsbarkeit unter besonderer Berücksichtigung von Korruptionsproblemen – Unternehmen als völkerrechtlich gleichberechtigte Verfahrensparteien? [read post]
17 May 2020, 9:01 pm by Neil H. Buchanan
This is especially true because the deal that has always accompanied working in the public sector is for workers to receive relatively low salaries compared to what they could earn in the private sector but to balance that with better benefits, including pension benefits. [read post]
15 May 2020, 3:12 pm by Richard Hunt
After all, the Court is required in a Rule 12(b) motion to assume the plaintiff’s allegations are true. [read post]
14 May 2020, 7:32 am by Andrew Lavoott Bluestone
While it is true that “an attorney should not be held liable for ignorance of facts which the client neglected to tell him or her,” an attorney also “has a responsibility to investigate and prepare every phase of a client’s case” (Green v Conciatori, 26 AD3d 410, 411 “ [read post]