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21 Sep 2015, 2:37 am
To say that the EU right to reside rules are politically contested is of course a given; but what politicians don’t seem to have cottoned on to is that they are also contested as a matter of law. [read post]
17 Sep 2015, 3:27 pm
In the Matter of Timothy M. [read post]
17 Sep 2015, 3:27 pm
In the Matter of Timothy M. [read post]
16 Sep 2015, 6:07 am
The Montana statute provides: (1) Defamatory matter is anything that exposes a person or a group, class, or association to hatred, contempt, ridicule, degradation, or disgrace in society or injury to the person’s or its business or occupation. (2) Whoever, with knowledge of its defamatory character, … communicates any defamatory matter to a third person without the consent of the person defamed commits the offense of criminal defamation …. (3) Violation of… [read post]
14 Sep 2015, 4:32 pm
While one might argue that the class action mechanism renders such knowledge defenses irrelevant as a matter of collateral estoppel, a class benefitting from the Basic presumption is never accurately defined merely as purchasers between dates “X and Y,” but rather should be defined as purchasers between dates “X + Y, who did not know or believe that the misrepresentation was false or that an omission occurred. [read post]
14 Sep 2015, 6:00 am
Matter of D-M-C-P-, 26 I&N Dec. 644 (BIA 2015); The Board decided that neither the Board, nor the Immigration Courts have jurisdiction to determine if a respondent was properly placed into Asylum-Only Proceedings pursuant to INA § 217. [read post]
10 Sep 2015, 3:10 pm
I noticed this item on SL&P, from which I'm excerpting three paragraphs in the middle:[C]onservatives have taken a harsh line on Black Lives Matter, a movement that includes calls for overhauling law enforcement and justice policies. [read post]
9 Sep 2015, 10:02 pm
Hearn and Mary M. [read post]
9 Sep 2015, 4:00 am
C’est la question qu’il faut trancher dans le présent pourvoi. [read post]
8 Sep 2015, 5:08 pm
There have also been a number of significant recent developments in Delaware concerning M&A-related litigation. [read post]
5 Sep 2015, 12:09 am
[Lisa C.] [read post]
4 Sep 2015, 1:17 pm
Maybe, but I’m not sure. [read post]
4 Sep 2015, 9:26 am
Class certification is not a ruling on the merits of the case, but only whether the case is one that there a sufficient similarities between all of the class members’ claims that enable to court to decide the matter on a class wide basis. [read post]
2 Sep 2015, 12:44 pm
C-13-3826 EMC (September 1, 2015). [read post]
2 Sep 2015, 6:40 am
Section 203(m) provides a limited exception by permitting “the pooling of tips among employees who customarily and regularly receive tips. [read post]
1 Sep 2015, 8:11 am
Photos: https://www.flickr.com/photos/roxsm/3463837032/sizes/m/ https://www.flickr.com/photos/thomashawk/12162449405/sizes/m/ [read post]
1 Sep 2015, 8:00 am
In this case, Edward M. [read post]
1 Sep 2015, 6:22 am
I’m glad that the order has now been dissolved, and that Barbra Streisand continues to be doing her job. [read post]
1 Sep 2015, 6:07 am
Now we are on very ambiguous terrain, one in which context matters a great deal. [read post]
31 Aug 2015, 10:50 am
It’s clear, then, that I’m not wild about Justice Scalia’s theory of why statutory interpretation isn’t an exercise of delegated power. [read post]