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2 Jun 2023, 10:08 am
We hopefully put this matter to rest. [read post]
2 Jun 2023, 7:00 am
Specialization means something in the law profession, as it does in medicine. [read post]
2 Jun 2023, 6:30 am
But the nature and content of the inquiry will yield some interestingly different answers, given the distinct character of state institutions (think, for example, of the plural executive and of the elected judiciary); · How does the electoral structure of the state matter to these issues? [read post]
2 Jun 2023, 5:59 am
It does not. [read post]
2 Jun 2023, 5:59 am
It does not. [read post]
2 Jun 2023, 5:50 am
It means that it does not have to be certain that the release of such information would harm national security, just that it “reasonably could be expected. [read post]
2 Jun 2023, 5:34 am
It does not.] [read post]
2 Jun 2023, 5:16 am
The strategy does, however, feature several objectives to improve the market, such as promoting “best practices and develop[ing] strategies to overcome market barriers to the adoption of secure technologies” and improving “awareness and transparency of cybersecurity practices to build market demand for more secure products and services. [read post]
2 Jun 2023, 5:00 am
In the end, Judge Brann ruled that "gross negligence" does not required a finding of recklessness.Judge Brann noted that the difficulty in defining gross negligence arises from the fact that the terms origin is in statutory law rather than common law, which does not recognize degrees of negligence. [read post]
2 Jun 2023, 4:00 am
Judge Richard Sueyoshi determined the law, which went into effect in January, does not violate either the state or federal constitutions. [read post]
2 Jun 2023, 12:15 am
The Court of Appeal disagreed: We see no justification for treating the complaint as if it were never filed, effectively erasing it from the docket retroactively—and thus blocking any curative amendment—simply because MAM LLC, appearing in the case as intervener more than three years after it was filed, spotted an issue of subject matter jurisdiction and objected on that ground. [read post]
2 Jun 2023, 12:02 am
Accordingly, the district court determined that the bump-up exclusion does not apply. [read post]
1 Jun 2023, 11:45 pm
Does this all sound familiar to you? [read post]
1 Jun 2023, 8:15 pm
No matter which way Loper is decided, the distinction between a legislative and interpretive rule will remain obscure. [read post]
1 Jun 2023, 8:00 pm
The peace and joy being at home brings us does not need to be sacrificed for work. [read post]
1 Jun 2023, 5:23 pm
Proximate cause does not equal primary cause. [read post]
1 Jun 2023, 4:56 pm
What does this case tell us about defamation in Australia? [read post]
1 Jun 2023, 4:31 pm
Even in this scenario, the nominee does not automatically become the guardian upon the parents’ death or incapacity. [read post]
1 Jun 2023, 4:22 pm
Although he made clear that he does not endorse entirely recent developments' apparent trajectory, it could well be that, by voicing regularly his reservations about the lack of fit between the legal tests lawyers and courts invoke and apply, and communities' values, practices, and traditions, he played a consequential role in dislodging unfounded presumptions and misguided precedents. [read post]
1 Jun 2023, 3:26 pm
Remember – just because the FTSA’s new amendments significantly lessen its bite, this does not mean that your business does not have to comply with its newly-modified provisions. [read post]
