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This article examines two key advantages taxpayers have to defeat an FCA claim—(1) the burden of proof, and (2) the requirement to prove the taxpayer’s mental intent. [read post]
The judges’ conclusions on the key issues In order to make good an art 14 claim, a claimant has to establish that (a) the circumstances fall within the ambit of a substantive Convention right, (b) the claimant has a relevant status for the purposes of art 14, (c) they have been treated differently from others in a similar situation, by reason of their status; if so the burden is then on the state to demonstrate (d) whether the difference in treatment is objectively justified.… [read post]
2 Jul 2019, 6:32 am by Jay R. McDaniel, Esq.
How it works in practice is that most shotgun buy-sell agreements allow a party to declare a deadlock and make a purchase or sell proposal by stating the amount of the sale. [read post]
1 Jul 2019, 9:03 pm by Guest Contributor
Assisted in coordinating the Produce Safety Rule oriented On-Farm Readiness Review (OFRR) training programs under the leadership of the National Association of State Departments of Agriculture (NASDA), the FDA, and produce oriented professionals from several State Cooperative Extension Services2. [read post]
1 Jul 2019, 8:23 pm by Orin Kerr
  The Key Precedents: Schmerber, McNeely, and Birchfield Now on to the some cases. [read post]
1 Jul 2019, 12:09 am
Transformative and Commerical UseHadid’s lawyers argued that her use of the photo was permissible under fair use, in line with the four key factors. [read post]
30 Jun 2019, 3:00 pm
The apple for the day, just to be sure you keep the doctor away, is Apple Inc v. [read post]