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2 Apr 2014, 10:59 pm
Smith and People v. [read post]
10 Jan 2021, 12:51 pm
§ 2K2.1(b)(6)(B). [read post]
31 Mar 2021, 4:20 pm
Steven B. [read post]
4 Aug 2022, 7:21 am
This summary will be added to Smith’s Criminal Case Compendium, a free and searchable database of case summaries from 2008 to the present. [read post]
28 May 2020, 4:20 pm
As the Secretary of State suggests, it is little comfort for an SME to be told “don’t worry, you’ll be low risk so it won’t really apply to you” if: (a) you are in scope on the face of it, and (b) it is left to the regulator to decide whether the duty of care should bear less heavily on some intermediaries than others. [read post]
15 Dec 2014, 6:28 am
For example, assault requires intent, so if the plaintiff has failed to plead intent, the defense can seek dismissal by filing a 12(b)(6) motion. [read post]
28 Jun 2011, 2:56 pm
Marshall The Supreme Court’s holding was limited to one subsection of 28 U.S.C. § 157(b) – in particular subsection (b)(2)(C) which provides that counterclaims to proofs of claim are core proceedings. [read post]
17 Aug 2011, 6:00 am
Smith I despair of our Federal government, or at least the part of it having to do with housing, when it suffers the Death of Common Sense, as shown in all its metaphysical arcana by this story from Housing and Development Reporter: “I’m gonna make him an offer he won’t refuse. [read post]
9 Feb 2010, 7:36 am
Smith [Continued from yesterday's Part 1.] [read post]
3 Aug 2012, 6:03 am
Smith [Concluded from yesterday's Part 2 and the preceding Part 1.] [read post]
29 Nov 2010, 11:01 am
What makes it controversial is not the element of indulgences, but the presumption that these activities are (a) polluting, and (b) the companies’ responsibility to abate. [read post]
19 Jan 2011, 8:06 am
Smith [Continued from yesterday's Part 1.] [read post]
29 Mar 2012, 7:12 am
B. [read post]
17 Apr 2012, 7:19 am
Smith I like you people, but you are sentimental shits. [read post]
16 Dec 2010, 8:54 am
I cannot let pass the gratuitous slap, particularly as the ensuing story demonstrates that (a) the landlord is making an economically rational decision that probably increases his overall net income, and (b) by renting a discretionary space, he is adding to New York’s housing supply. [read post]
3 Aug 2011, 6:05 am
Smith [Continued from yesterday's Part 1.] [read post]
23 Apr 2012, 10:58 am
B. [read post]
12 Feb 2010, 7:09 am
Smith [Editor's note: As the memory of Haiti's devastating earthquake fades, we are able to see that much of the tragedy was preventable – not the quake itself, but the toll in human lives. [read post]
24 Nov 2010, 11:52 am
Smith [Continued from yesterday's Part 2 and the preceding Part 1.] [read post]
6 Dec 2010, 11:46 am
Already locked in a poisonous relationship with City Hall, Vornado and its local partner, John B Hynes III, are trying to sell the property because they cannot find financing for their proposal, which included offices, condominiums, and a hotel. [read post]