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The Enforcement Bureau released a Public Notice on June 17, 2021 seeking comments on the matter. [read post]
31 Aug 2021, 8:04 am by Sam Cohen
In July, on the fifth anniversary of the South China Sea arbitral ruling that invalidated China’s claims in the South China Sea, the Arleigh Burke-class guided missile destroyer USS Benfold conducted a freedom of navigation operation (FONOP) in the vicinity of the Paracel Islands (Mandarin: Xīshā Qúndǎo; Vietnamese: Quần đảo Hoàng Sa). [read post]
30 Aug 2021, 10:54 am by Eugene Volokh
" "Rule 403's major function is limited to excluding matter of scant or cumulative probative force, dragged in by the heels for the sake of its prejudicial effect. [read post]
29 Aug 2021, 7:16 am by Russell Knight
R. 206(d) Finally, a deposition in an Illinois divorce can be cut off after 3 hours. [read post]
28 Aug 2021, 5:24 am by Russell Knight
Code § 6013(d)(2) It doesn’t really matter because a separated couple can each take $ 250,000 each of tax-free gains from the sale of real estate individually (for a total of $ 500,000). [read post]
27 Aug 2021, 3:31 am by Russell Knight
“[N]o motion to modify an order allocating parental decision-making responsibilities, not including parenting time, may be made earlier than 2 years after its date, unless the court permits it to be made on the basis of affidavits that there is reason to believe the child’s present environment may endanger seriously his or her mental, moral, or physical health or significantly impair the child’s emotional development. [read post]
20 Aug 2021, 11:52 am by Eugene Volokh
" Although "[n]othing in [the Supreme Court's] decisions requires a plaintiff who wishes to challenge the constitutionality of a law to confess that he will in fact violate that law," he must identify conduct that could at least arguably violate the law. [read post]
19 Aug 2021, 4:36 am by Chukwuma Okoli
Further, even where it is established that the claimant’s case falls within one or more of those jurisdictional pathways contained in the Rules, the claimant is nevertheless not entitled as of right to be granted leave and the courts are not automatically bound to grant leave as a matter of course. [read post]
18 Aug 2021, 4:00 am by Administrator
(Check for commentary on CanLII Connects) The most-consulted French-language decision was Directeur des poursuites criminelles et pénales c. 3095-2899 Québec inc., 2021 QCCA 1222 [26] Dans le cas présent, il n’est pas opportun d’avoir recours à la doctrine du functus officio pour décider s’il y a lieu de considérer ou non la Transcription révisée pour les fins de l’appel. [read post]
15 Aug 2021, 10:50 pm by JP Sarmiento
While we prepared his case, the AAO set the new standards for NIW cases in Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016). [read post]
15 Aug 2021, 9:30 pm by Public Employment Law Press
A simple example: an individual appointed as a provisional or temporary employee in a position in the competitive class does not have the same employee statutory rights as those enjoyed by an individual holding a permanent appointment in the same competitive class title.[12] An individual’s statutory right to many benefits of employment such as eligibility to compete in a promotion examination for a higher grade position, his or her seniority in a layoff situation, and the right to… [read post]