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7 Aug 2023, 7:48 am by Frank Cranmer
The first ground was based on a fundamental misunderstanding: the 1988 Act was concerned with criminal liability and s.139(5)(b) could not confer a positive right that overrode the entitlement of those responsible for a public building to impose conditions of access [11]. [read post]
7 Aug 2023, 6:44 am by Rebecca Tushnet
The Rule 23(b) problem was predominance. [read post]
7 Aug 2023, 5:42 am by Russell Knight
” 750 ILCS 60/217(b) (emphasis mine) With no respondent to tell their side of the story, the court usually steps in to find out if an emergency order of protection is necessary. [read post]
7 Aug 2023, 5:31 am by Daniel Shaviro
I argued that, in the ordinary case, what we call a "tax expenditure" is an allocative rule (whether good or bad) that has been placed in what we think of as a mainly distributional system.I thought that an improved version of the concept would distinguish between (a) rules that were clearly just allocative (at least, when thought about in a principled way), (b) rules that were clearly within the distribution branch's (such as deducting losses and gains in order to calculate… [read post]
7 Aug 2023, 4:05 am by Howard Friedman
From SSRN:Asma Uddin, Religious Liberty Interest Convergence, (William & Mary Law Review, Vol. 64, No. 1, 2022-2023).Nathon B. [read post]
7 Aug 2023, 3:45 am by SHG
This opinion attempts to decode what the legislature has done by (a) figuring out what the statutory language does and does not accomplish; (b) unraveling, and attempting to harmonize where possible, drafting that appears inconsistent on its face; and (c) applying that learning to the case of Edward Santiago. [read post]
7 Aug 2023, 2:00 am
As for the securities fraud count, CC faces a fine which would be the greater of either $5 million or twice any ill-gotten gain or loss.In a written statement, Attorney General Merrick B. [read post]
7 Aug 2023, 1:00 am by Anna Maria Stein
According to the cited case law “only a mark that departs from the norm and customs of the sector” can be considered distinctive according to Article 7(1)(b) of the EUTMR. 2) Relevant public As the goods are edible goods, the BoA referred to the general public that purchases this kind of foodstuff quickly and without paying a high level of attention. 3) (lack of) Distinctive character Since the object of the 3D trade mark is a round, light bread roll with a heart-shaped… [read post]
7 Aug 2023, 12:20 am by Rechtsanwalt Martin Steiger
Das Ergebnis kann deshalb erheblich von den Erwartungen der Öffentlichkeit abweichen.Siehe auch: Verfahren gegen mutmasslichen Büsi-Quäler eröffnet (ZüriToday)Bild: Microsoft Bing Image Creator. [read post]
7 Aug 2023, 12:15 am
Before relying on this statute, however, it would be prudent to check the Secretary of State's online business search tool because Section 415.95(b) provides that service of a summons pursuant to Section 415.95 is not valid for a corporation with a registered agent for service of process listed with the Secretary of State. [read post]
6 Aug 2023, 8:28 am by Howard Friedman
[B]ecause neither Montes nor Deis made any remarks demonstrating their own hostility to religion, but focused on the Summit’s lack of benefit to the City and other evidence of Hittle’s misconduct, Hittle failed to demonstrate that hostility to religion was even a motivating factor in his termination....... [read post]
6 Aug 2023, 6:33 am by Kevin LaCroix
” The complaint alleges that the defendants violated Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder. [read post]
6 Aug 2023, 5:40 am by Joel R. Brandes
 August 2, 2023Appellate Division, First DepartmentAge 29 Law allows unmarried children through age 29, regardless of financial dependence, to be covered under a parent’s group health insurance policy  In B.D. [read post]
5 Aug 2023, 3:35 pm
En su definición más básica, “imprudente” significa que una persona es consciente de un riesgo, pero lo ignora conscientemente. [read post]