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24 Feb 2016, 9:03 am by Howard Knopf
For further background on the mandatory tariff theory – which has gone way beyond from being a theory to a clear ruling by the Supreme Court of Canada – readers may wish to review:- Our factum, which can be found here, and which was necessarily limited to ten pages- Our oral argument, which can be viewed and heard here at the 152 mark- The transcript, which is available from the Supreme Court of Canada- Prof. [read post]
20 Feb 2016, 12:33 pm by Yishai Schwartz
To support this position, Ryan cites an Eighth Circuit case, United States v Barrow, in which the court required a “deficiency in appointed counsel’s representation,” rather than simple “unwillingness … to communicate with counsel,” as well as the arguably similar cases of Stenson v Lambert and Hunter v Delo. [read post]
14 Feb 2016, 3:21 pm by Walter Olson
It is the role of good lawyers to identify and exploit them, and the role of Congress to eliminate them if it wishes. [read post]
10 Feb 2016, 1:20 am by Jani Ihalainen
The current law was explained in Capitol Records, Inc v Naxos of America, Inc, where the Court of Appeals set out that "... [read post]
1 Feb 2016, 6:51 am by Jeff Welty
Readers who wish to dig more deeply into this issue may be interested in the following cases: United States v. [read post]
1 Feb 2016, 6:51 am by Jeff Welty
Readers who wish to dig more deeply into this issue may be interested in the following cases: United States v. [read post]
29 Jan 2016, 7:25 am by Lawfare Staff
Ma explained that the trip advanced four objectives: (1) visiting personnel stationed on the island to offer Lunar New Year wishes; (2) unveiling the South China Sea Peace Initiative Roadmap; (3) explaining the island’s peaceful use; and (4) clarifying the legal status of Taiping, which is at issue in the Philippines v. [read post]
18 Jan 2016, 1:03 am by INFORRM
He has hired Sydney media lawyer Mark O’Brien to take legal action. [read post]
14 Jan 2016, 11:13 pm
Gene Robinson, contrary to the expressed wishes of the Primates then in office. [read post]
11 Jan 2016, 4:22 am
 Many congratulations to everyone who was promoted this year - the IPKat team wish you every success (unless you are ever against the AmeriKat, of course)! [read post]
More recently, the Supreme Court considered the general rules governing the implication of terms into contracts, in the case of Marks and Spencer plc v BNP Paribas Securities Services Trust Company (Jersey) Limited & Anor [2015] UKSC 72  (Case Comment here). [read post]