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1 Jun 2011, 11:26 pm
This memorandum, by far is the most useful guidance relative to the "portability of an I-485 adjustment application" vis-à-vis an attempt by an the petitioning employer to revoke the approved I-140 immigrant worker petition. [read post]
1 Jun 2011, 7:15 pm
Kazin responded that none of those factors matter in the Article 2 analysis; only one’s status vis-à-vis the military was relevant—he moved with the military, had a CAC (ID) card, and his actions were linked to the military. [read post]
1 Jun 2011, 2:09 pm
(The kid gloves approach thus far of DOJ and the SEC vis-a-vis the financial services sector in terms of the financial crisis only enhances this sense of entitlement. [read post]
1 Jun 2011, 1:08 pm
To be sure, Gonzaga changes that calculus dramatically (as post-Gonzaga courts have recognized vis-a-vis the equal access provision, which is why Independent Living Center is a Supremacy Clause case), but if the question for Supremacy Clause purposes is simply whether there is tension with Congress's decision not to confer a private right of action, it seems to me that the pre-Gonzaga cases suggest quite forcefully that the answer is no. [read post]
1 Jun 2011, 12:48 pm
The Department is taking a position in favor of retroactivity, but with two major exclusions: offenders in criminal history categories IV-VI or with a weapons enhancer (guidelines or 924(c)). [read post]
1 Jun 2011, 12:38 pm
The Department is taking a position in favor of retroactivity, but with two major exclusions: offenders in criminal history categories IV-VI or with a weapons enhancer (guidelines or 924(c)). [read post]
1 Jun 2011, 10:11 am
(ii) Is subject to any order, judgment or decree of any court of competent jurisdiction, entered within five years before such sale, that, at the time of such sale, restrains or enjoins such person from engaging or continuing to engage in any conduct or practice: (A) In connection with the purchase or sale of any security; (B) Involving the making of any false filing with the Commission; or (C) Arising out of the conduct of the business of an underwriter, broker, dealer, municipal securities dealer,… [read post]
1 Jun 2011, 9:34 am
Although earlier discourse on virtue was a predominantly—and almost exclusively—religious (Catholic) project and was therefore mostly the business of expressly religious scholars and published in religious-oriented law reviews, such discourse has recently penetrated mainstream academic discussions in doctrinal fields such as property law, environmental issues, contracts, torts, and criminal law.111The current quest for virtue in law occupies a special oppositional spot… [read post]
1 Jun 2011, 9:29 am
As to excluding those with higher criminal history categories: Likewise, we emphatically oppose any compromise that would exclude any class of defendants based on criminal history category, such as those in Criminal History Categories V and VI. [read post]
1 Jun 2011, 6:56 am
physical status in 6 levels: ASA PS I - Normal healthy patient; ASA PS II - Patient with mild systemic disease; ASA PS III - Patient with severe systemic disease; ASA PS IV - Patient with severe systemic disease that is a constant threat to life; ASA PS V - Moribund patient who is not expected to survive without the operation; and ASA PS VI - Declared brain-dead patient whose organs are being removed for donor purposes. [read post]
1 Jun 2011, 5:48 am
Comparing WTO Panelists and ICSID Arbitrators: The Creation of International Legal Fields Jose Augusto Fontoura Costa Abstract: Who are people who make the decisions in trade and investment dispute settlement systems? [read post]
1 Jun 2011, 5:48 am
Comparing WTO Panelists and ICSID Arbitrators: The Creation of International Legal Fields Jose Augusto Fontoura Costa Abstract: Who are people who make the decisions in trade and investment dispute settlement systems? [read post]
31 May 2011, 2:41 pm
This post is a summary of a full-length piece that the author is currently working on with Marquette Law School Professor Chad Oldfather. [read post]
31 May 2011, 1:30 pm
First, a NEPA opinion written by Judge Fisher and joined by Judge Reinhardt appears as Parts I-VI of the decision. [read post]
31 May 2011, 1:04 pm
With respect to an accounting, HHS proposes that individuals have a right to an accounting of disclosures of PHI in a designated record set made by a covered entity or a business associate: (i) for impermissible purposes, (ii) for public health activities, (iii) for judicial and administrative proceedings, (iv) for law enforcement purposes, (v) to avert a serious threat to health or safety, (vi) for military and veterans activities, and (vii) for workers compensation. [read post]
31 May 2011, 1:00 pm
Article VI establishes the procedures and describes the documents that are required to support a request for extradition. [read post]
31 May 2011, 9:00 am
In cases where the Requesting State has provided such assurances, Article VI(2) states that the death penalty, if imposed by the courts of the Requesting State, will not be carried out. [read post]
31 May 2011, 6:56 am
physical status in 6 levels: ASA PS I - Normal healthy patient; ASA PS II - Patient with mild systemic disease; ASA PS III - Patient with severe systemic disease; ASA PS IV - Patient with severe systemic disease that is a constant threat to life; ASA PS V - Moribund patient who is not expected to survive without the operation; and ASA PS VI - Declared brain-dead patient whose organs are being removed for donor purposes. [read post]
31 May 2011, 5:22 am
Clients and potential clients sometimes ask me about possible conflicts of interest. [read post]
30 May 2011, 9:11 pm
Here's something I'm thinking about vis-a-vis my article and I thought it might be fun to hear people's thoughts. [read post]
