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5 Oct 2017, 3:33 pm
Congress had good reason to create this privatized system of adjudication, given the sheer scale of online copyright infringement. [read post]
5 Oct 2017, 11:08 am
Train, respectively – previously called a “seemingly irrational bifurcated system” and a “truly perverse” result: a scheme where individual permit decisions get direct appellate review, but the underlying rule gets review in district courts around the nation. [read post]
5 Oct 2017, 10:30 am
One incident is of particular note because it demonstrates how problems with overcollection can be systemic and have substantial effects on privacy. [read post]
4 Oct 2017, 9:01 pm
And third, meaningful judicial scrutiny in this context does not unduly empower courts insofar as government might be able to recraft laws that target speech to be more general, making judicial scrutiny of the speech-specific laws less threatening.Thus, for example, if a law bans leafletting in a public park to reduce litter, the courts recognize the impact such a law imposes on an important means of communication. [read post]
4 Oct 2017, 6:32 pm
Congress should also ensure that intelligence information is used exclusively to protect national security, instead of polluting the criminal legal system with raw intelligence that inherently fails to meet the standards required for evidence to be admitted in court. [read post]
4 Oct 2017, 10:45 am
The Massachusetts Supreme Judicial Court, in a September ruling (Indus Systems), applied the Massachusetts Corporate Statute to a tense shareholder dispute, declared the existence of a deadlock under the Statute, and sent the case back down to the Superior (Trial) Court to remedy the situation. [read post]
4 Oct 2017, 4:00 am
Subsequently, a medical malpractice lawsuit was filed with the Judicial District Court for the Parish of Calcasieu. [read post]
3 Oct 2017, 2:48 pm
The Court does not stand completely alone, separate and apart from the rest of the political system, when it comes to the faith of the American public in democracy and the rule of law. [read post]
3 Oct 2017, 11:13 am
In her paper, Professor Blankley examines whether a pre-dispute agreement to utilize collaborative law should be enforced by the judicial system. [read post]
3 Oct 2017, 11:03 am
The court also rejected the new systems created by the Privacy Shield negotiations, including the Judicial Redress Act, and the creation of a privacy ombudsperson. [read post]
3 Oct 2017, 10:14 am
New research The LWSP study highlights glaring inequalities that still exist in the family court system even as researchers continue to show the benefits of shared parenting and that families need fathers. [read post]
3 Oct 2017, 8:28 am
” This sort of system may very well “rise[] to the level of functional incompatibility that is prohibited by the Appointments Clause. [read post]
3 Oct 2017, 7:57 am
Justice Kagan relied on the Court’s prior precedent to argue that the NLRA protects “employees seeking to improve working conditions through resort to administrative and judicial forums” and thus implied that filing a class action also is protected by the NLRA. [read post]
3 Oct 2017, 7:57 am
Justice Kagan relied on the Court’s prior precedent to argue that the NLRA protects “employees seeking to improve working conditions through resort to administrative and judicial forums” and thus implied that filing a class action also is protected by the NLRA. [read post]
2 Oct 2017, 5:34 pm
Today, only 17 federal judicial districts have ATI programs. [read post]
2 Oct 2017, 4:50 pm
Courts have created two general theories to guide the application of their judicially designed insider trading doctrine, the classical theory and the misappropriation theory. [read post]
2 Oct 2017, 3:45 pm
[fn1] In fact, the Supreme Court has said that district court decisions aren’t binding on a different judicial district, the same judicial district, or even the same judge. [read post]
2 Oct 2017, 1:29 pm
Bankruptcy Court for the Eastern District of Virginia will use a pre-call docket system in which all cases on the docket are first called by a clerk to determine if the matter requires a judicial determination. [read post]
2 Oct 2017, 12:06 pm
Civil society has allies in the legislature: Already, 38 opposition parliamentarians have petitioned against the law to the provisional constitutional court. [read post]
2 Oct 2017, 7:08 am
The exercise is misguided and ultimately, intended or not, serves to further limit the efficacy of the juvenile-justice system in rehabilitating child offenders. [read post]