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11 Nov 2008, 5:43 am
§2-302 does not even contain a definition or a standard to determine whether the terms of a contract are in fact unconscionable.[4] In attempting to provide a workable standard, paragraph (3) of the FPGPA looks to whether the amount charged: (i) grossly exceeds the average price at which the gasoline was offered for sale during the 30 days prior to such proclamation; (ii) grossly exceeds the price at which gasoline was readily obtainable in the same area from other competing… [read post]
29 Apr 2010, 12:24 am
Introduction In May 2009 American President Barack Obama spoke of how an address in the Cayman Islands housed 12,000 companies. [read post]
4 Dec 2022, 5:20 am
L.J. 1, 20-21 (1999). [read post]
20 Mar 2020, 1:58 am
As I have previously discussed on this blog, the boundary-enforcing function of the one-year bar makes § 315(b) a robust statutory limit on the Director’s discretion in institution-related matters. [read post]
27 Oct 2023, 3:17 pm
The funerary platform, which was never formally displayed, was encrusted with dirt, a most obvious sign that it was excavated through unprofessional and most likely illicit means.[13] According to David Gill, honorary professor in the Center for Heritage at the University of Kent, White’s claim is representative of that of wealthy, irresponsible collectors: “I’m sure they would say they’ve acquired things in good faith. [read post]
31 May 2023, 2:01 pm
Article I, Section 9 states that “[n]o Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law. [read post]
4 Oct 2007, 8:10 am
When they "reanalyzed their original data and combined them with the estrogen numbers," they "verif[ied a] decreased risk in heart disease. [read post]
18 Dec 2011, 3:48 pm
Keene L.J. emphasised that it is necessary to look at all the evidence. [read post]
10 Oct 2007, 9:41 pm
I. [read post]
17 Nov 2021, 12:51 am
[i] While in commercial arbitration, some practitioners and commentators are also making effort to advocate an appeal system. [read post]
18 Dec 2011, 3:48 pm
Keene L.J. emphasised that it is necessary to look at all the evidence. [read post]
Beecher-Monas Proposes to Abandon Common Sense, Science, and Expert Witnesses for Specific Causation
11 Sep 2015, 3:23 pm
L.J. 1057, 1057 (2014) [cited as BM]. [read post]
17 Jan 2024, 5:04 am
The parties’ briefing in Loper Bright and Relentless[1] has utterly ignored statutory sections—and one section in particular—that are crucial for understanding both why the government should lose these cases and, more importantly, why the Chevron doctrine[2] cannot and should not survive in an era of textualism. [read post]
1 Aug 2023, 9:34 am
For those reasons, I strongly suspect this will not be the last we hear of this case. [read post]
16 Aug 2023, 10:52 am
Greg Markel Gershon AkermanAs I noted in a prior post (here), in June, the U.S. [read post]
4 Mar 2007, 5:10 am
By casting its 'risk analysis' solely in terms of the expectations and risks that 'wrongdoers' or 'one contemplating illegal activities' ought to bear, the plurality opinion, I think, misses the mark entirely. ... [read post]
27 Mar 2019, 1:00 am
Panel – Getting Vaccines Right: Issues in Policy and Practice Moderator: Dorit Reiss, University of California Hastings College of the Law, Informed Consent to Vaccination: Theoretical, Legal, and Empirical Insights Ross Silverman, Indiana University, Professional Norms and Public Health Systems: Regulating Vaccination-Related Clinical Practices Litjen (L.J.) [read post]
10 Apr 2018, 2:40 pm
I am happy to report the publication of my article, "The Corporate Social Responsibilities of Financial Institutions for the Conduct of their Borrowers: The View From International Law and Standards," Lewis & CLark Law Review 21(4):881-920 (2018). [read post]
5 Apr 2017, 7:47 am
Nothing is accidental in Communist Cuba, everything has a political purpose.[1] I. [read post]
18 Mar 2016, 10:45 am
My students Daniel Korda, Melanie Rollins, and Sam Sazer and I filed an amicus brief in the case on behalf of the Pennsylvania Center for the First Amendment, arguing in favor of the result that the court just reached. [read post]