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17 Oct 2015, 5:29 am by Schachtman
Here is one that is not discussed: shifting the burden of proof on admissibility to the opponent of the expert witness’s opinion: “Testimony from an expert is presumed to be helpful unless it concerns matters within the everyday knowledge and experience of a lay juror. [read post]
16 Jan 2024, 6:05 am by John Ramming Chappell
The first publicly reported transfer dates back to the 2006 Lebanon war, when DoD–under President George W. [read post]
2 Nov 2008, 5:36 pm
Now consider Overstock.com's EBITDA overstatements in conjunction with the company's acknowledgement in a letter (page 18) to the SEC about the importance of EBITDA as a measure of valuing the company:A multiple of EBITDA is currently the most standard measure of valuation in the industry.Note: Bold print and italics added by me.Various analyst reports issued by Scott W. [read post]
25 Jun 2014, 2:00 pm by Maureen Johnston
Brohl 13-1032Issue: Whether the Tax Injunction Act, which provides that “[t]he district courts shall not enjoin, suspend or restrain the assessment, levy or collection of any tax under State law where a plain, speedy and efficient remedy may be had in the courts of such State,” bars federal court jurisdiction over a suit brought by non-taxpayers to enjoin the informational notice and reporting requirements of a state law that neither imposes a tax, nor requires the collection… [read post]
20 May 2019, 9:18 am by Schachtman
The facts of silica cases, for example, are radically different from early exposure asbestos cases because of the wide diffusion and general equality of knowledge of silica hazards throughout industry, labor, and government.[7]  The dangers of occupational exposure to crystalline silica were so well known that the New York Court of Appeals recognized, seventy years ago, that “[i]t is a matter of common knowledge that it is injurious to the lungs and dangerous to health… [read post]
., through the OIG self-disclosure protocol) may be the most appropriate approach to resolve matters implicating potential violations of federal law. [read post]
3 May 2024, 2:58 am by Paul Maharg
These issues were addressed to some degree in the ACLEC report (1996) and its associated papers (on educational standards and regulation of standards) – but ACLEC didn’t address integration of tech and conventional legal education. [read post]
24 Jun 2020, 7:01 pm by Eugene Volokh
[But t]he Code of Conduct makes clear that federal judges, with the authority granted by their appointments, have special responsibilities in their public extrajudicial writings and speaking. [read post]
22 Feb 2009, 4:25 pm
No. 08 CA 19, 2008-Ohio-5689 (no-law argument) In re Kristopher W., 5th Dist. [read post]
31 Dec 2009, 12:09 pm by Anna Christensen
One request will be granted as a matter of right. [read post]
31 Jan 2016, 9:30 pm by rquintilone
As the California Supreme Court has explained, “A statute that merely clarifies, rather than changes, existing law” may be “applied to transactions predating its enactment” See W. [read post]
29 Sep 2019, 4:08 pm by INFORRM
The Data Matters blog from Mischon de Reya had a piece “Children’s data protection rights: a data protection casualty? [read post]
19 Jan 2021, 9:27 am by Arnold Wadsworth Coggins
It reasoned that the “permanence of an alleged changed circumstance matters” given that “[p]ersons become ill occasionally and no one is permanently [in] best” health. [read post]
14 Jul 2014, 3:46 am by Kevin LaCroix
  As discussed here, on November 25, 2013, Northern District of Georgia Judge Thomas W. [read post]
7 Oct 2008, 7:40 pm
Thomas Gilovich argues that "beliefs are like possessions" and "[w]hen someone challenges our beliefs, it is as if someone [has] criticized our possessions. [read post]