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27 Nov 2013, 9:02 am by Paul Horwitz
The Establishment Clause presents its own questions, and it is not always as easy to situate thinking about the Establishment Clause on one side or the other of the categoricalism/balancing divide, in part because of underlying uncertainty about whether the Establishment Clause itself is a rights provision or a structural provision. [read post]
27 Nov 2013, 12:07 am by Kevin LaCroix
The purchase price in many M&A transactions similarly are based on multiples of financial statement items. [read post]
26 Nov 2013, 10:53 am by Jane Chong
The other annexes are directly appended to the 2011 USSID. [read post]
26 Nov 2013, 6:34 am by Daniel Schwartz
  He also could not show that individuals he claimed received preferential treatment were “similarly situated” to him. [read post]
26 Nov 2013, 6:30 am by Kyle Krull
While so much of “blended family” planning depends on your own unique blended family, it never hurts to learn from the experiences of others similarly situated. [read post]
25 Nov 2013, 2:34 pm
Individuals such as petitioner who were serving a sentence or on parole or probation in another state at the time of SORA's implementation are clearly no less dangerous than similarly situated individuals in New York. [read post]
25 Nov 2013, 10:57 am by Isaac
Similarly, Alex suggested a multi-step process for encouraging innovation via IPR. [read post]
25 Nov 2013, 7:55 am by Greg Mersol
  Even worse than decertification, what if the court accepts the arguments that the putative class members are similarly situated, but then grants summary judgment against the entire class? [read post]
24 Nov 2013, 3:35 pm
One year later, Schilke filed a class action lawsuit, on behalf of herself and others similarly situated, against Wachovia and ASI for allegedly engaging in deceptive practices by failing to disclose that Wachovia was receiving "kickbacks" from ASI. [read post]
23 Nov 2013, 8:00 am by Howard Iken
  Similarly, the only way for you to receive marital property is for your spouse to give up his or her interest in that marital asset. [read post]
21 Nov 2013, 12:13 pm
  It was a limited foray concerning a very limited number of devices, and it hasn’t gone anywhere.On the other side of the ledger, we have the FDA’s statement of its prosecutorial position in a brief it filed in 2010 rejecting a similarly broad reading of its “intended use” regulations:[Plaintiff] also suggests that §201.128 treats an unapproved use by physicians as an intended use whenever a manufacturer knows of the use, even if the manufacturer… [read post]
21 Nov 2013, 5:00 am by Sean Mirski
While arguing in a footnote that credit card numbers on their own do not violate the prior FISC order because they do not reveal “anything about the financial situation, purchasing habits, payment record, or any other such private information,” the NSA acknowledged that “there exists a respectable argument that a credit card number is financial information” and so did not make use of this information. [read post]
21 Nov 2013, 4:00 am by Administrator
What does R2P mean when it comes to the Syrian situation? [read post]
20 Nov 2013, 1:33 pm by Pamela Wolf
Similarly, while using email, typing on a computer, or exchanging handwritten notes may be an effective accommodation for brief and infrequent communications, it may not work for longer or more complex communications. [read post]
20 Nov 2013, 4:19 am by Todd Zywicki
 Moreover, while 56% of non-users said in such situations they would simply transfer the needed money from another account, presumably a savings account, only 13% of elevated users said that they would do so, presumably reflecting the simple truth that they have no other accounts available. [read post]
19 Nov 2013, 8:03 am by Edward DeLisle
” EAJA allows small businesses to recover their attorneys’ fees and costs from the government in certain situations, as long as the government’s position was not “substantially justified. [read post]
18 Nov 2013, 3:17 pm
Similarly, the court need not accept at face value the allocation of risk factor points by the Board, even where there has been no challenge. [read post]
18 Nov 2013, 7:33 am
For instance, an employer can simply say that its female employee was being paid less than a similarly situated male employee because the male employee had better qualifications or performed better. [read post]
18 Nov 2013, 4:30 am by Martin Kratz
As well British Columbia and Manitoba, which have similarly modeled laws, may also consider such an exercise. [read post]