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17 Mar 2017, 3:21 pm
Statute of limitations: Deadline: Motion for a new trial: Reexamination: Posttrial motion: Jurisdictional: Civil procedure: Affidavits: (…) We conclude that Code of Civil Procedure section 659a does not deprive a court of fundamental jurisdiction to consider affidavits submitted after the 30-day deadline set forth in the statute. [read post]
17 Mar 2017, 2:44 pm by Eugene Volokh
As a general proposition, I believe Wikipedia is not a sufficiently reliable source of information to serve as the leading authority on a case-determinative matter, particularly when the court’s reliance is sua sponte without notice to the parties, as it was in this case. [read post]
17 Mar 2017, 8:22 am by Laura Stefani
FAA Waivers May Be Required Last summer, the Federal Aviation Administration (FAA) issued its first regulations allowing commercial flights of small unmanned aircraft (sUAS, colloquially known as drones). [read post]
14 Mar 2017, 6:54 am by Joy Waltemath
Judge Colloton concurred in the opinion with the exception of the discussion of the common law principles of laches because it was pure dicta, on an issue raised sua sponte by the other judges. [read post]
The defendants asserted that the court lacked the authority to consider CAFA’s jurisdictional exceptions sua sponte—an assertion the court thoroughly and forcefully rebutted, explaining the court’s “perpetual obligation to ensure its own subject matter jurisdiction. [read post]
25 Feb 2017, 1:42 pm by Andrew Delaney
He argues that the trial court should’ve, on its own—or if you wanna sound fancy, sua sponte—given self-defense, defense-of-another, and defense-of-property instructions because those defenses “were clearly implicated by the evidence, and thus,” the trial court committed plain error. [read post]
24 Feb 2017, 6:31 pm by Kevin
(iApp)   European Data Protection Supervisor Publishes Priorities for 2017 (Hunton & Williams)Data Privacy in a Time of Reaction: "Big Data" versus "The People" (JD Supra)  Licensing/Intellectual Property RightsUpdated Antitrust Guidelines for IP Licensing Address New Laws, Omit Some Key Areas (JDSupra)  Government    Spatial Data Infrastructure/Open Data    Forest Service Open Data Likely to Remain Public,… [read post]
20 Feb 2017, 9:02 pm
Sectoral treaties (such as the Palermo Protocol, the Vienna Convention and SUA Convention) complement the UNCLOS regime as regards the repression of criminality at sea, but they are of a limited scope and insufficient in various respects.The fundamental question raised by the Conference at hand is as follows: in cases where the law of the sea regime does not offer the necessary legal tools to address criminality at sea, does having recourse to the UN Security Council constitute an effective… [read post]
20 Feb 2017, 8:23 pm by Kate Howard
Court of Appeals for the 11th Circuit erred in this case by holding that it had no jurisdiction to review the denial of a motion to reopen by the Board of Immigration Appeals, where the review sought was limited to assessing the legal framework upon which the sua sponte request was made. [read post]
16 Feb 2017, 7:24 pm
Court of Appeals for the Ninth Circuit staying that court's sua sponte consideration of whether to rehear the case en banc at this link. [read post]
16 Feb 2017, 9:58 am
Free access until the end of February 2017:Special issue of Law & Literature 2017: Legal BodiesArticles include Yasco Horsman and Frans-Willem Korsten, Introduction: Legal Bodies: Corpus/Persona/CommunitasJeanne Gaakeer, "Sua cuique persona? [read post]
16 Feb 2017, 9:58 am by Christine Corcos
Free access until the end of February 2017:Special issue of Law & Literature 2017: Legal BodiesArticles include Yasco Horsman and Frans-Willem Korsten, Introduction: Legal Bodies: Corpus/Persona/CommunitasJeanne Gaakeer, "Sua cuique persona? [read post]
13 Feb 2017, 1:18 pm by Josh Blackman
Nearly twenty-four hours after the panel’s decision, Chief Judge Sydney Thomas issued an order: “A judge on this Court has made a sua sponte request that a vote be taken as to whether the order issued by the three judge motions panel on February 9, 2017, should be reconsidered en banc. [read post]
11 Feb 2017, 7:40 am
” In other words, no party moved for the rehearing; one of the court’s many judges did so on his own (i.e., sua sponte). [read post]
10 Feb 2017, 4:17 pm by Immigration Prof
Trump issued the following order: THOMAS, Chief Judge and En Banc Coordinator: A judge on this Court has made a sua sponte request that a vote be taken as to whether the order... [read post]
10 Feb 2017, 1:54 pm by Kent Scheidegger
A sua sponte en banc call having been made, the parties are instructed to file simultaneous briefs setting forth their respective positions on whether this matter should be reconsidered en banc. [read post]
8 Feb 2017, 10:35 am by Olivier Moréteau
This issue investigates the way literary and artistic texts interrogate the notion of 'personhood', focussing on both historical and contemporary (re-) conceptualizations of the notion within the domain of law.Articles include: “Sua cuique persona? [read post]
8 Feb 2017, 10:35 am by Olivier Moréteau
This issue investigates the way literary and artistic texts interrogate the notion of 'personhood', focussing on both historical and contemporary (re-) conceptualizations of the notion within the domain of law.Articles include: “Sua cuique persona? [read post]
6 Feb 2017, 10:52 am by Aaron L. Vorce and Theodore W. Seitz
Defendants also must consider the fact that, even where there may be reasons to forgo challenging Article III standing in certain cases, subject matter jurisdiction may be challenged at any time, even by the court sua sponte, or by an appellate court. [read post]