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29 Jun 2024, 7:25 am by Zneimer & Zneimer, P.C.
  The court found that a lack of awareness of the defect means there was no conscious decision made regarding the defect, thus precluding immunity. [read post]
29 Jun 2024, 6:00 am by Lawrence Solum
Here is the abstract: Proponents of toughening the nondelegation doctrine invoke original meaning. [read post]
29 Jun 2024, 5:59 am by Joel R. Brandes
The court began by noting the parties’ agreement that the children are “habitual residents” of Ukraine within the meaning of the Convention, and that the Ukrainian Family Code governs the parents’ rights vis à vis their children. [read post]
29 Jun 2024, 5:42 am by Robin E. Kobayashi
The Foster Court then concluded that the phrase “fraudulent concealment” as used in Labor Code section 3602(b)(2) means a failure to disclose by one who has a duty to disclose, noting that if the legislature had intended an affirmative misrepresentation as the basis for a cause of action under this exception, it would have provided for the same rather than using a term commonly used to mean non-disclosure. [read post]
29 Jun 2024, 4:08 am by SHG
And as Justice Elena Kagan made clear in her dissent, the end of Chevron Deference didn’t mean Skidmore Deference disappeared. [read post]
29 Jun 2024, 12:00 am
This means discouraging inappropriate public behavior that affects others. [read post]
28 Jun 2024, 11:30 pm by Public Employment Law Press
 READ MORE   Americans Love Their Cars, Even If It Means Sitting in Traffic  Despite the staying power of remote work, traffic congestion in the United States remains stubbornly high, with New York City ranking as the single most congested city in the world. [read post]
28 Jun 2024, 11:30 pm by Public Employment Law Press
 READ MORE   Americans Love Their Cars, Even If It Means Sitting in Traffic  Despite the staying power of remote work, traffic congestion in the United States remains stubbornly high, with New York City ranking as the single most congested city in the world. [read post]
28 Jun 2024, 8:55 pm by Lawrence Solum
Here is the abstract: The name “capitalism” derives from Marx’s false analogy between medieval land ownership and the “ownership of the means of production. [read post]
In assessing the meaning of “otherwise” in (c)(2), the court focused on two legal principles:noscitur a sociis, the principle that a word is “given more precise content by the neighboring words with which it is associated,” andejusdem generis, “a general or collective term at the end of a list of specific items is typically controlled and defined by reference to those specific items that precede it. [read post]
28 Jun 2024, 7:02 pm by Bay Area Family Law Center
These factors are crucial in determining whether the presumption against custody should be rebutted, meaning the offending parent must demonstrate by clear and convincing evidence that granting them custody is in the child’s best interest despite the domestic violence history. [read post]
28 Jun 2024, 6:09 pm by Theodore Harvatin
Talk to a Dedicated Illinois DUI Defense Attorney People can be charged with DUI offenses if they operate any vehicle while under the influence of alcohol, but merely because a person is accused of a DUI crime does not automatically mean that there is sufficient evidence to convict them. [read post]
28 Jun 2024, 5:59 pm
 Pix credit hereThe ABA Senior Lawyers Division (SLD) and the National Security Committee of the ABA International Law Section (ILS) recently hosted Mark Zaid and Rob "Butch" Bracknell who spoke about the history of, legal status of, and issues surrounding what has come to be called "Havana Syndrome" but perhaps more accurately known as Anomalous Health Incidents. [read post]
28 Jun 2024, 4:44 pm by Julia Stein
A question I’ve been getting a lot since the Supreme Court overturned the Chevron doctrine is: “What does this decision mean for California? [read post]
28 Jun 2024, 4:15 pm by Tom Smith
Today’s decision means hundreds of Americans have been wrongfully prosecuted by Attorney General Merrick Garland as he insists his department is dedicated to upholding the “rule of law” and pursuing justice “without fear or favor. [read post]
28 Jun 2024, 3:15 pm by Amy Howe
In his view, the meaning of the term “willfully” “is a ‘close’ question or one that very well could be decided the other way” and “may well have mattered at Bannon’s trial. [read post]
28 Jun 2024, 2:15 pm by Professor Alberto Bernabe
  The opinion was issued by the Pennsylvania Bar Association and Philadelphia Bar Association and it makes one point very clear: lawyers are required to maintain competence across all technological means relevant to their practices, and that includes the use of generative AI.You can read the opinion here. [read post]
28 Jun 2024, 1:56 pm by Christopher J. Walker
Accordingly, when the APA says that “the reviewing court shall decide all relevant questions of law,” it really means no deference at all. [read post]