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26 Apr 2024, 9:08 am by John Elwood
Section 5107(b) of Title 38 provides that, “[w]hen there is an approximate balance of positive and negative evidence regarding any issue material to the determination of a matter, the Secretary [of Veterans Affairs] shall give the benefit of the doubt to the claimant. [read post]
22 Apr 2024, 4:21 am by Franklin C. McRoberts
The Court ruled that information contained in the Diner’s financial statements was relevant to the issue of Ellen’s comparative fault, but not an absolute defense to liability: [W]hile plaintiffs’ own negligence in monitoring Kenneth’s activities in managing the Diner may have been a factor in enabling Kenneth to continue his alleged fraudulent scheme for several years, the pleadings and documentary evidence submitted do not show that such negligence was the sole… [read post]
17 Apr 2024, 11:00 pm
And, apparently, there were “issues of fact” in that regard.They sure labored over that.# # #DECISIONS. v 340 W. 12 Realty LLC [read post]
16 Apr 2024, 4:27 pm by Eugene Volokh
" (This strikes me as a weak argument because in matters of diplomatic relations, the executive branch is the relevant authority.) b) Her intent was to influence Syria's conduct with respect to Israel, not the United States. [read post]
15 Apr 2024, 2:33 pm by Dennis Crouch
The Court stated, “the Director may review final PTAB decisions and, upon review, may issue decisions [] on behalf of the Board” and that “[w]hat matters is that the Director have the discretion to review decisions rendered by APJs. [read post]
15 Apr 2024, 12:58 pm by Legal Profession Prof
Giuliani Upon consideration of defendant Rudolph W. [read post]
9 Apr 2024, 10:32 am
 Pix credit here The question of the photograph has been at the center of modernity, and now deeply embedded in the reconsideration of the intersubjectivity of the person (and social collectives)  in their encounters with the simulacra of the virtual and its generative consciousness (Jan Broekman, Knowledge in Change (Springer, 2023); Larry Catá Backer, 'The Soulful Machine' Int'l J. [read post]
9 Apr 2024, 9:24 am by Joseph L. Hyde
  Either the statute imports the common law of robbery, or it begs interpretation as a matter of first impression. [read post]