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21 Sep 2015, 2:37 am by Dave
 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]
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 by Kevin LaCroix
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 by Bill Otis
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, 4:00 am by Administrator
C’est la question qu’il faut trancher dans le présent pourvoi. [read post]
8 Sep 2015, 5:08 pm by Kevin LaCroix
  There have also been a number of significant recent developments in Delaware concerning M&A-related litigation. [read post]
4 Sep 2015, 9:26 am by Anthony Zaller
  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, 6:40 am by Joy Waltemath
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]
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]