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5 Oct 2022, 5:55 am
But in return for removing this HDZ BiH structural leverage, the High Representative maintains two elements of the July proposal aimed at placating HDZ BiH by partially conceding to its ethnonationalist demands and strengthening its weight in the upper chambers vis-à-vis political challengers. [read post]
5 Oct 2022, 4:43 am
It is not an obligation to engage in affirmative discrimination in favor of some groups vis-à-vis others. [read post]
3 Oct 2022, 12:12 pm
IPSO 10382-22 Mitchell v The Sentinel, 1 Accuracy (2021), Breach – sanction: action as offered by publication Satisfactory Remedy – 10512-22 Bavister v cornwalllive.com, 1 Accuracy (2021), Resolved – satisfactory remedy 01732-22 Rahman v Mail Online, 1 Accuracy (2021), 2 Privacy (2021), 3 Harassment (2021), 12 Discrimination (2021), No breach – after investigation 00627-22 Doe v You (The Mail on Sunday), 2 Privacy (2021), No breach – after investigation… [read post]
3 Oct 2022, 4:25 am
Notably, it does not require that the defendant act in bad faith to personally profit from usurping the opportunity—one of the elements that Justice Schecter found lacking in Shatz. [read post]
30 Sep 2022, 6:17 am
Security Council Reform: What Does It Mean, What Would It Require? [read post]
28 Sep 2022, 4:24 am
DorfMy latest Verdict column urges Congress to enact legislation making clear that Title VI of the Civil Rights Act of 1964 does not bar race-based affirmative action by recipients of federal funds. [read post]
27 Sep 2022, 9:03 pm
Although the Constitution does not apply to private actors, Title VI of the 1964 Civil Rights Act does. [read post]
26 Sep 2022, 3:46 am
Please note, the physician responsible for collaborating with a mid-level practitioner does not have the practitioner’s “supervising physician” for incident to billing purposes. [read post]
26 Sep 2022, 12:27 am
., a one-to-one relationship), andreferring to multiple App Store operating systems, when there is just one (iOS).It was Apple's own admission that iOS does compete with Android (which reduces to absurdity its denial of the existence of a smartphone OS market) that pointed me to this in the first place.What the Supreme Court held in Kodak 30 years ago is that if certain criteria are fulfilled, there are exceptions to the general rule that a market is characterized by more than one… [read post]
23 Sep 2022, 5:01 am
Reading these confidential, candid observations in light of OLC’s current public positions on privilege, contempt, and testimonial immunity illuminates OLC’s conscious choice—or, rather, series of choices—to adopt the most aggressive constitutional path, which grants the executive branch the most power vis-à-vis Congress. [read post]
23 Sep 2022, 4:30 am
Case law supports the proposition that when a state accepts federal funds, as Florida does, it thereby waives its sovereign immunity against Title VI claims. [read post]
21 Sep 2022, 3:55 pm
Doe, decided today by the Florida Court of Appeal, in an opinion by Judge Jeffrey Kuntz, joined by Judges Martha Warner & Edward Artau: The litigants in the eviction proceeding sought to shield an entire court file from public disclosure. [read post]
21 Sep 2022, 3:49 pm
And at no time does Fox say that Henry was fired because of any of Eckhart's specific allegations or that Fox deemed them to be true…. [read post]
18 Sep 2022, 11:24 am
This was not the first time that the CJEU used this language (think, eg, of the Ulmer judgment), and it is worth acknowledging that the question of what exceptions and limitations actually are vis-à-vis users has given rise to an increasingly important discussion (see here for an excellent example). [read post]
16 Sep 2022, 7:52 am
The CRA also does not apply to free and open-source software developed or supplied outside the course of a commercial activity. [read post]
13 Sep 2022, 2:11 pm
We conclude that it does. [read post]
13 Sep 2022, 6:30 am
As in most families, though, closeness does not mean identity, and Mark and I have been debating many of the issues raised by this gathering for many of years. [read post]
13 Sep 2022, 3:00 am
The defense team does not participate. [read post]
11 Sep 2022, 9:01 pm
But the controversies that exist relate to, among other things, the extent to which judicial review does or ought to crowd out constitutional interpretive powers of other branches, the frequency with which judicial review is deployed modernly, and the related question of whether some deference to the other branches’ (implicit) constitutional understandings should be respected, and the sometimes freeform or seemingly result-oriented nature of judicial review in cases whose… [read post]
11 Sep 2022, 5:52 pm
DocName=075000050HPt%2E+VI&ActID=2086&ChapterID=59&SeqStart=8675000&SeqEnd=12200000 Read More [read post]