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8 Sep 2024, 6:37 pm by centerforartlaw
––To recover a work of Nazi-looted art, a claimant will typically assert state-law claims of conversion and replevin.[37] To establish a claim for conversion, a claimant must prove that a defendant (1) intentionally and without authority, (2) exercised dominion or control over the property of the claimant, which (3) seriously interfered with the claimant’s right of possession.[38] To establish a claim of replevin, the claimant must prove that the… [read post]
27 Jun 2015, 2:50 pm by MOTP
Assuming that the arbitrator does not have jurisdiction to declare a statute void, the law firm would have to defend that civil barratry claim on the merits, and would be deprived of the unconstitutionality defense. [read post]
2 Jun 2019, 11:27 pm by Chuck Cosson
  Asymmetry refers to the fact that attackers need only succeed once, while defenders must succeed at every engagement. [read post]
30 Jun 2012, 9:18 am by Angelo A. Paparelli
Sebelius, a SCOTUS majority in an opinion by Chief Justice John Roberts, calling balls and strikes, upheld most of the Affordable Care Act. [read post]
30 Jun 2012, 9:18 am by Angelo A. Paparelli
Sebelius, a SCOTUS majority in an opinion by Chief Justice John Roberts, calling balls and strikes, upheld most of the Affordable Care Act. [read post]
30 Jun 2012, 9:18 am by Angelo A. Paparelli
Sebelius, a SCOTUS majority in an opinion by Chief Justice John Roberts, calling balls and strikes, upheld most of the Affordable Care Act. [read post]
2 Jul 2013, 7:32 am by Sarah Erickson-Muschko
Baby Girl, in which the Court held that the Indian Child Welfare Act does not bar the termination of the biological father’s parental rights. [read post]
26 Mar 2010, 6:07 pm by Francis G.X. Pileggi
A complaint that merely sets forth a legal theory, conclusory allegations and recitation of the elements of a cause of action does not sufficiently state a plausible claim for relief. [read post]
30 Aug 2010, 1:59 am by Kevin LaCroix
Judge Castle observed that the securities complaint does not allege that Lewis or any other defendant "stood to gain from non-disclosure" and to not allege "a quid pro quo type arrangement" or that failing to disclose the federal funding brought a benefit to any defendant. [read post]
21 Feb 2019, 4:00 am by Administrator
In the U.S., at the University of Chicago, 10% of the first year class in 2015 either majored in Philosophy or had an advanced degree in the discipline.[3] Law professors across the U.S. have discussed the idea of making the subject a mandatory course.[4] Also, a number of legal journals [5] are devoted exclusively to publishing scholarly articles on the subject of law and philosophy. [read post]