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8 Nov 2013, 6:56 am
But this all presupposes that ambiguity will always be obvious to the court in the mostly ex parte, non-adversarial context in which these questions arise–and that, even then, the “lean” interpretation that the rule of lenity will thereby compel will itself be self-evident. [read post]
7 Nov 2013, 7:07 am
If you are involved in a so-called “amicable divorce”, are there identifiable signs that signal your divorce may be meandering to the low-road? [read post]
6 Nov 2013, 11:55 pm
You may access that information and other resources from the Partnership's website. [read post]
6 Nov 2013, 6:51 pm
You should get your reports from all three agencies because they may each contain some different information. [read post]
6 Nov 2013, 3:21 pm
A Nassau Rape Lawyer said that, on February 15, 1989 the petitioner secured an ex parte order restraining the respondents from releasing defendant pending the hearing of the application. [read post]
6 Nov 2013, 2:49 pm
Defendant further argues that the registration requirement violates the United States Constitution's prohibition against ex post facto laws. [read post]
6 Nov 2013, 1:54 pm
CANNON THREE, CODE OF JUDICIAL CONDUCT:(7)A judge shall not initiate, permit, or consider ex parte communications, or consider other communications made to the judge outside the presence of the parties concerning a pending or impending proceeding.....From the Miami Herald: A Miami-Dade judge was set to release from jail a suspected Kendall burglar shot by police after a harrowing high-speed car chase — until Secret Service agents paid a visit to her chambers.Query: How… [read post]
5 Nov 2013, 12:20 pm
The basic problem is that the ex parte court order process isn’t designed to adjudicate such important legal questions. [read post]
4 Nov 2013, 2:47 pm
Restraining orders are typically sought when initial pleadings are filed and they are presented to the judge ex parte (without the other party present). [read post]
4 Nov 2013, 9:38 am
The ex-leader refused to don his prison uniform as part of his protest against the illegitimacy of the trial. [read post]
4 Nov 2013, 7:05 am
The worse part of the “perfect storm” is the fact that it tends to happen right at the same time an ex-spouse begins to get their life back together. [read post]
4 Nov 2013, 6:19 am
Defendants may be able to take advantage of this approach in certain cases. [read post]
3 Nov 2013, 4:01 pm
Slaughter and May and Linklaters lovebirds face court for insider dealing: An ex-Slaughter and May associate and her ex-Linklaters associate boyfriend have lost their bid to have charges of insider trading dismissed. [read post]
3 Nov 2013, 4:01 pm
Slaughter and May and Linklaters lovebirds face court for insider dealing: An ex-Slaughter and May associate and her ex-Linklaters associate boyfriend have lost their bid to have charges of insider trading dismissed. [read post]
3 Nov 2013, 7:08 am
FISC Procedure The various legislative proposals currently on the table would alter two key procedural dimensions of the FISA: the manner in which federal judges get appointed to the two FISA courts, and the ex parte, non-adversarial nature of FISA court proceedings. [read post]
2 Nov 2013, 4:49 am
KSR and common sense arise in Ex parte DumondIt is well established that “[a] person of ordinary skill is also a personof ordinary creativity, not an automaton. [read post]
1 Nov 2013, 4:14 pm
The question in this case is whether, when a post-indictment ex parte restraining order freezes assets needed by a criminal defendant to hire his attorney of choice, the Fifth and Sixth Amendments require a pre-trial hearing at which the defendant may challenge the evidentiary support and legal theory upon which the government relied to freeze the assets.To discuss the case, we have Scott Bullock, a senior attorney at the Institute for Justice in Washington, D.C. [read post]
1 Nov 2013, 4:14 pm
The question in this case is whether, when a post-indictment ex parte restraining order freezes assets needed by a criminal defendant to hire his attorney of choice, the Fifth and Sixth Amendments require a pre-trial hearing at which the defendant may challenge the evidentiary support and legal theory upon which the government relied to freeze the assets.To discuss the case, we have Scott Bullock, a senior attorney at the Institute for Justice in Washington, D.C. [read post]
1 Nov 2013, 12:58 pm
Ex Parte John Christopher Lo, No. [read post]
1 Nov 2013, 11:30 am
She filed a family offense petition in Orange County Family Court and was granted an ex parte Temporary Order of Protection against her petitioner husband. [read post]