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16 Sep 2024, 7:50 am
But the point for purposes of this petition is that the question of when to allow pseudonymity is important to our civil justice system. [read post]
16 Sep 2024, 7:50 am
From the perspective of at least six Justices, any procedural mistake by the Ninth Circuit was harmless error. [read post]
16 Sep 2024, 7:06 am
On one key point, he complained, the lower court judges 'failed to grapple with the most difficult questions altogether.' He wrote not only that the Supreme Court should take the case — which would stall the trial — but also how the justices should decide it. 'I think it likely that we will view the separation of powers analysis differently' from the appeals court, he wrote. [read post]
16 Sep 2024, 6:07 am
On May 20, the Prosecutor for the International Criminal Court (ICC), Karim Khan, applied to a Pre-Trial Chamber of the court for the issuance of arrest warrants against three Hamas leaders and against Israeli Prime Minister Benjamin Netanyahu and Defense Minister Yoav Gallant. [read post]
16 Sep 2024, 5:52 am
Though few if any leaders will raise these points in their UN speeches, Trump will be an ever-present at their feast. [read post]
16 Sep 2024, 5:02 am
The Fourth Circuit has not considered a case closely on point. [read post]
16 Sep 2024, 5:00 am
Justice Department’s (DOJ) “adtech” antitrust lawsuit against Google kicked off Sept. 9 in U.S. [read post]
16 Sep 2024, 4:00 am
“These are close to around two percentage points above the low point,” Poloz said. [read post]
16 Sep 2024, 4:00 am
No one knows, which was, of course, exactly Harris’s point. [read post]
15 Sep 2024, 7:37 pm
After he filed his draft majority opinion, she seemed somewhat skeptical, saying she intended to vote with him, but could not join on three points, according to people familiar with the discussions. [read post]
15 Sep 2024, 5:31 pm
In my view, the text of the opinion points in the same direction (see pp. 9-10 of my draft article); but it's not completely definitive. [read post]
15 Sep 2024, 1:36 pm
As the meta-metamorphosis of the traditional, Von Savigny-based, conflict-of-laws rule, Pamboukis pointed out the change of its purpose from conflictual justice, i.e. justice based on geographically closest connection, to substantive justice in the sense of a just, fair result by means of a more flexible conflict-of-laws rule and methods. [read post]
15 Sep 2024, 10:44 am
Second, and I alluded to this point in my earlier post, Justice Kagan is absent from this reporting. [read post]
15 Sep 2024, 9:38 am
Justice Jackson joined the four conservatives, and Justice Barrett wrote a dissent, joined by Justices Sotomayor and Kagan. [read post]
15 Sep 2024, 7:18 am
These two recent SEC enforcement actions involving litigation finance funding schemes are certainly concerning, but on the other hand it could also be that two data points are not enough to constitute a trend. [read post]
15 Sep 2024, 6:33 am
One initiative looks to secure the right to abortion in the Nebraska Constitution up to the point of viability or even later if the woman’s health is at risk. [read post]
15 Sep 2024, 6:30 am
One starting point is the distinction between ideal and nonideal theory deployed by the philosopher John Rawls in his magnificent and hugely influential book, A Theory of Justice and its sequel, Political Liberalism. [read post]
15 Sep 2024, 6:00 am
Lawyers may continue to argument the point in their briefs to the Supreme Court, and the Justices may continue to argue and deliberate about the contested question. [read post]
15 Sep 2024, 4:52 am
The situation is, indeed, changing: the cases point to emerging standards on a range of freedom of expression issues in Latin America. [read post]
15 Sep 2024, 1:24 am
Notably, the Supreme Court referred to the requirement that exceptions to copyright be (i) strictly interpreted and (ii) construed in light of the three-step test (Article 5(5) InfoSoc Directive).The notion of ‘parody’ is, as clarified by the Court of Justice of the European Union (CJEU) in Deckmyn [IPKat here], an autonomous concept of EU law and must be justified, according to the Supreme Court, by the intention of establishing a dialogue between the earlier and later work. [read post]
