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14 Aug 2018, 5:33 am by Benjamin Wittes
This level of dysfunction on either side alone would be enough to preclude a two-state deal. [read post]
14 Aug 2018, 5:07 am
" However, in the one case where the matter has been argued, the result was inconclusive (Francis Day & Hunter Ltd v Bron [1963] Ch. 587.) [read post]
13 Aug 2018, 1:27 pm by Greg Mersol
It isn’t all that surprising that the Ninth Circuit would hold that certain types of ERISA claims might not be arbitrable, but its July 24, 2018, decision in Munro v. [read post]
12 Aug 2018, 9:01 pm by Neil Cahn
Lower courts around the state have followed the First Department rule. [read post]
12 Aug 2018, 4:34 pm by Brian Shiffrin
 The Court stated, Where, as here, there is no evidence that the defendant actually possessed the controlled substance, the People are required to establish that the defendant "exercised dominion or control' over the property by a sufficient level of control over the area in which the contraband is found or over the person from whom the contraband is seized" (People v Manini, 79 NY2d 561, 573 [1992]; see Penal Law § 10.00… [read post]
10 Aug 2018, 10:14 am by lcampbell@lawbc.com
Court of Appeals for the Ninth Circuit (Ninth Circuit) issued an opinion in the latest chlorpyrifos case (League of United Latin American Citizens (LULAC) v. [read post]
9 Aug 2018, 12:36 pm by Rebecca Tushnet
  Basis in the statutory text: effect on the potential market for, or value of, the copyrighted work, stated in the disjunctive. [read post]
8 Aug 2018, 1:51 pm by Adam Feldman
Although the court’s immediate holding allowed states to tax out-of-state businesses, this decision may end up enhancing competition by leveling the advantage out-of-state businesses had over in-state businesses. [read post]
8 Aug 2018, 6:53 am by Joy Waltemath
” As to the employer’s argument that the Board is not a Department, claiming that the term encompasses only the cabinet-level agencies or Executive Departments like the Departments of State, Treasury, and Defense, the Board cited the Supreme Court’s holding in Free Enterprise Fund v. [read post]