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1 Feb 2012, 7:50 am by Schachtman
  In the Rezulin case, however, Judge John Hutchison delivered a thorough, analytical opinion, which demonstrated that the liberal West Virginia criteria for a medical monitoring remedy cannot be satisfied as easily as once thought. [read post]
22 Feb 2008, 1:30 pm
The 8-to-1 decision was a victory for the Bush administration, which for years has sought broad authority to pre-empt tougher state regulation. [read post]
28 May 2013, 9:01 pm by Sherry F. Colb
  Whether liberal or conservative, for example, virtually everyone with whom I have had conversations about the issue readily offers his “common sense” conclusion that the threat of medical malpractice suits has accomplished each of the following bad outcomes:  (1) It has forced doctors and hospitals to charge patients cripplingly high prices for care, just to cover the costs of medical malpractice insurance; and (2) It has forced doctors to practice “defensive… [read post]
As scholar John Harrison has persuasively explained, judicial remedies are designed to address “the legal relations of the parties before the court” and redress the legal wrong done to the prevailing plaintiff, and are not designed to opine about or operate on the status of legal rules in general. [read post]
1 May 2012, 6:03 am by Schachtman
(the chances of type I and type II errors, respectively) and 1- ? [read post]
21 Nov 2010, 5:10 pm by Law Lady
Arizona is without merit -- Florida's capital sentencing scheme does not violate federal constitutional rights to due process and fair jury trial -- Death penalty is proportionateRENALDO DEVON McGIRTH, Appellant, v. [read post]
12 May 2023, 6:26 am by Adam Cox
” Parole is discretionary and therefore does not confer a secure status, but it does permit beneficiaries to apply for work authorization and receive a social security number. [read post]
21 Aug 2009, 6:52 am
But, the PACER website itself indicates toward the obvious conclusion that the government works within the PACER database are public record and not copyrighted, and so may be reproduced without permission, which, one could argue, is just what the RECAP program does: reproduces the documents at an alternate archive, for access . . . [read post]
24 Jan 2022, 11:03 am by Kevin LaCroix
(“CAM”), which alleged that its CEO, John Calamos, breached his fiduciary duties in two distinct capacities: (1) as an officer and director of CAM, and (2) as a controlling shareholder of CAM. [read post]
30 Mar 2011, 7:00 am by Kara OBrien
While this approach may make sense for a particular firm, it does not eliminate the need for the firm to have a policy in place to ensure that employees stay within the $150 limitation. [read post]
15 Jan 2020, 10:02 am by Susan Letterman White
For example, the rule does not expressly forbid accepting stock in lieu of legal fees. [read post]
22 Jul 2024, 6:08 am by Katharine Fortin
Although the text of Article 1 of APII – which refers to an armed conflict taking place between the “armed forces of the High Contracting Party” and “organized armed groups” – holds ambiguities, it supports a view that the non-State Party to an APII conflict is broader than the “organized armed group” mentioned in this article. [read post]
24 Jun 2011, 5:27 pm
John Collins in this article cited earlier (at pp. 159-60) and restated in his recent book on Adam and Eve (pp. 120-21):1. [read post]
30 Mar 2010, 11:21 pm by admin@lawiscoool.com (Omar Ha-Redeye)
Big M Drug Mart Ltd., [1985] 1 S.C.R. 295 at paras. 94, 96. [read post]
18 Sep 2019, 1:18 am by UKSC Live Blogging
Hello and welcome to day two of the live blog of the appeals concerning the lawfulness of the current prorogation of the UK Parliament. [read post]