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21 Feb 2019, 5:00 am by Elizabeth Allan, Scott R. Anderson
These latter procedures, however, have been constitutionally suspect since the Supreme Court’s 1983 decision in INS v. [read post]
21 Feb 2019, 4:00 am by Administrator
Periodically on Thursdays, we present a significant excerpt, usually from a recently published book or journal article. [read post]
21 Feb 2019, 12:36 am
 Let's see more in detail what happened and how the Rome court reasoned.BackgroundBroadcaster Reti Televisive Italiane SpA (RTI) and singer Valentina Ponzone sued Facebook over the creation, on the latter, of a profile that hosted unlicensed videos and defamatory comments relating to Ms Ponzone's performance of the intro to the Italian version of Japanese animated TV series Kilari. [read post]
20 Feb 2019, 12:48 pm by Shea Denning
After noting the difficulty in recruiting parents to voluntarily place ignition interlock devices on vehicles driven by their children, the authors of this latter study commented that “State legislation could play a role in incentivizing young driver ignition interlocks by providing additional driving privileges based on the installation of devices. [read post]
20 Feb 2019, 10:32 am by admin
The Interplay between the Fourteenth Amendment’s Due Process Clause and the Fifth Amendment’s Takings Clause: Is the Supreme Court’s Test for “Public Use” Merely Rational Basis? [read post]
20 Feb 2019, 9:24 am by Daniel Shaviro
So my expected liability is $50 either way - assuming that the latter transaction will definitely be tested.In reality, however, what we call the "audit lottery" means that I can do the transaction, report zero liability, and be highly likely never to have it examined. [read post]
20 Feb 2019, 4:38 am by INFORRM
The Report’s key themes The Final Report is not limited to fake news and disinformation (incidentally, rebranded to include “disinformation” as well “fake news” owing to the politicisation of the latter term, not least by the US President in reference to the mainstream media). [read post]
20 Feb 2019, 12:26 am by Giesela Ruehl
While the victim can generally choose between the law of the country where the damage originated and where the damage occurred, the latter option should be restricted in the case of climate change litigation because the place of damage is typically unforeseeable for the tortfeasor. [read post]
19 Feb 2019, 9:01 pm by Vikram David Amar
(For example, if a university event needs to be limited to students for security reasons, it can still be livestreamed to the outside world so as to reduce the likelihood that campus officials intend or are able to distort debate based on viewpoint.)Why Universities Are DifferentIf the rejoinder to some of these suggestions is that the university simply needs to spend more money up front to ensure safety (and rein in the persons likely to initiate the violence), we run up against the problem that… [read post]
19 Feb 2019, 1:02 pm by Ronald Mann
” When Brinkmann confirmed her position, Alito responded: [T]hat’s an argument that makes me doubt your argument on the statutory language because I think if this were presented to Congress and the issue before Congress was do we want a federal agency to initiate one of these AIA proceedings in the open, in accordance with the law, or do we want to allow them to pick up the phone to the PTO … Do you think they chose the latter? [read post]
19 Feb 2019, 10:47 am by Mark Theodore
The issue being litigated in the grievance was fairly novel, and fairly narrow:  whether the employer had an obligation to cooperate with the union in the latter’s attempts to stop an unauthorized walkout. [read post]
The United States has been focused almost exclusively on the latter, while many states have been playing the former. [read post]
19 Feb 2019, 6:35 am
But as it refuses to address the most controversial aspect of the decision in appeal, the decision seems to leave the door wide open for future reconsideration of the latter. [read post]
19 Feb 2019, 3:29 am by Tom Smith
The latter is my favorite: Justice will be restored and we will all get our well-deserved comeuppance. [read post]
18 Feb 2019, 3:07 pm by Quinta Jurecic, Benjamin Wittes
” The report’s finding that he “lacked candor” in his answers on multiple occasions, combined with this unimpressive denial, make it tempting to resolve factual disputes between him and Rosenstein in the latter’s favor. [read post]
18 Feb 2019, 10:55 am by Lundgren & Johnson, PSC
  In the case of the latter, the law requires the government to prove that a person acted with the specific intent to cause the death of another. [read post]
18 Feb 2019, 10:55 am by Lundgren & Johnson, PSC
  In the case of the latter, the law requires the government to prove that a person acted with the specific intent to cause the death of another. [read post]
18 Feb 2019, 6:51 am by CMS
For the latter, the court should instead evaluate the loss of opportunity. [read post]
18 Feb 2019, 4:01 am by Dorine Llanta
In the latter case, the test aims at assessing the ‘purity’ or ‘chastity’ of the women by verifying the presence of their hymen (e.g. in 2018, Moroccan civil society started an important movement against the virginity test imposed on to-be married women through a very explicit slogan : « my vulva belongs to me »). [read post]