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1 Mar 2011, 9:42 pm
It will be easily manipulable by governmental authorities and at times may distort their behavior.(2) I believe this decision is in large part a result of the Supreme Court’s error in unduly restricting the scope of forfeiture doctrine in Giles v. [read post]
28 Jun 2024, 11:46 am
One can search diligently in the hundreds of pages of applicants' opening briefs for the Court's theory—that EPA failed to explain in its final rule why the FIP's cost-effectiveness thresholds for imposing emissions limits do not shift with a different mix of States—and be left wondering where the Court found it. [read post]
27 Jun 2011, 4:30 am
Even if the rule of decision is straightforward, it makes more sense to ask the question the way Matthews did: how much greater is the risk of error without, compared to with, a lawyer? [read post]
7 Jan 2019, 2:00 am
” The court reasoned that open carry was lawful in Ohio, so the fact that the citizen was carrying a gun did not provide the officer with reasonable suspicion that the citizen was armed and dangerous: “all [the officer] ever saw was that [the citizen] was armed—and legally so. [read post]
24 Jun 2024, 8:00 am
Justice Barrett also relies on dubious 19th century history: The United States had relatively open borders until the late 19th century. [read post]
3 Nov 2010, 9:23 am
In essence Myriad asserts that his primary error was to truncate the rule from Medimmune at “controversy”and then this was compounded by his supposition that “all of the circumstances” can include a desire to see a public policy that is at least mildly controversial be considered by the judicial system. [read post]
10 Jun 2013, 11:38 am
Davila 12-167Issue: Whether the court of appeals erred in holding that any degree of judicial participation in plea negotiations, in violation of Federal Rule of Criminal Procedure 11(c)(1), automatically requires vacatur of a defendant’s guilty plea, irrespective of whether the error prejudiced the defendant. [read post]
31 Aug 2012, 10:22 am
Another recent appellate decision reaffirmed that errors in complying with CEQA procedures will not automatically require a court to void project approvals so long as CEQA’s information gathering and presentation functions are not compromised. [read post]
23 May 2023, 9:05 pm
After all, it is human error that causes bank failures. [read post]
4 Jun 2022, 12:00 am
As you can see, fault in most motorcycle accidents is 100% due to human errors in judgment. [read post]
7 Feb 2012, 10:12 am
As Amaris Elliott-Engel at The Legal Intelligencer is reporting, Last month, the House voted on the third consideration and final passage of House Bill 1907 103-89 to amend the Medical Care Availability and Reduction of Error (MCARE) Act to cap punitive damages in lawsuits against personal care homes, assisted living communities, long-term care nursing facilities, home care agencies, home health care agencies and hospices at 200 percent of the compensatory damages awarded in such… [read post]
24 Jun 2021, 4:00 am
Although individual judges are not (generally) involved with decisions regarding technical security features of a court’s digital systems, cybersecurity implicates everyone working within the court system: human errors, such as opening malicious links or attachments in emails, are notoriously responsible for the vast majority of data breaches (see, e.g. here). [read post]
29 Jan 2016, 8:00 am
Now $60 million may sound like a lot, but it’s less than a rounding error when you consider that during the four years the trustees were in charge of the Rauschenberg collection its value more than tripled, going from a paltry $600 million to slightly over $2 billion. [read post]
15 Nov 2022, 9:51 am
A defect could arise from a design error or manufacturing mistake. [read post]
18 Dec 2023, 3:05 am
IPSO held that a significant error was made, as the claim in the headline that there was an immense body of evidence was unsupported. [read post]
20 Jan 2011, 4:48 pm
London Borough of Hackney v Findlay [2011] EWCA Civ 8 This was the Court of Appeal hearing of an appeal on the issues raised in Forcelux v Binnie [2009] EWCA Civ 854 [Our report here], specifically the Court’s ability to set aside a possession order under CPR 3.1(2)(m) as opposed to the more restrictive provisions in CPR 39.3. [read post]
11 Sep 2011, 1:00 pm
Smoothing their new buildings into sheer, boxy slabs; giving them flat, sheered-off tops . . . and setting them on broad, plaza-like open spaces would convert the old, thickly carved city into an enlightened landscape.Hence the Twin Towers. [read post]
7 Apr 2023, 9:27 am
I think Bruen is consistent with the constitutional text, with our best inference as to original meaning, and with the American tradition of allowing some form of carrying (depending on the time and place, open or concealed). [read post]
1 May 2021, 5:16 pm
State of Hawaii is critiqued in the forthcoming University of Illinois Law Review Online article by George Mocsary and me, Errors of Omission: Words Missing from the Ninth Circuit's Young v. [read post]
22 Dec 2023, 5:57 am
Sadly, many of these same officials are repeating in Gaza the very errors they condemned in Yemen. [read post]
