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6 Jun 2017, 2:24 pm by Thomas G. Heintzman
  It would appear that parties expected him to take these two matters into account in any award. [read post]
13 Mar 2022, 4:46 pm
Iowa courts “also look to extrinsic evidence such as the situation and relations of the parties, the subject matter of the transaction, preliminary negotiations and statements made therein, usages of trade, and the course of dealing between the parties. [read post]
18 Nov 2010, 1:59 am by INFORRM
 In relation to this,  Lord Justice Maurice Kay held; “I simply do not accept that the judge, who is steeped in litigation of this kind, failed to have regard to any of these matters. [read post]
4 Aug 2022, 6:30 am by Guest Blogger
Adopting this “friendly” (albeit somewhat ambivalent) position about state funding for private religious schools entailed rejecting his erstwhile strict separationist views. [read post]
10 Oct 2017, 5:52 am by Barry Sookman
But the examples do suggest that the fact that the defamatory matter complained of is the product of an automated response does not necessarily gainsay an intention to publish that material. [read post]
27 Mar 2017, 1:43 pm by Eugene Volokh
Say a student is in a professional education program at a college — law school, medical school, nursing school, business school, school of education or the like. [read post]
15 Aug 2013, 8:10 am
(Pix (c) Larry Catá Backer 2013)In 2010, the faculty at Penn State Law approved the creation of a new concept course, to be named "Elements of Law". [read post]
3 Sep 2013, 1:38 am by Kevin LaCroix
As discussed here, in June 2012, Central District of California Judge R. [read post]
6 Oct 2015, 3:05 am by Kevin LaCroix
  Courts have adopted this proposition as if it were part of Newman’s holding. [read post]
24 Sep 2021, 12:08 pm by Eugene Volokh
Facebook, a split Third Circuit panel (in an opinion by Judge Thomas Hardiman, joined by Judge Peter Phipps) said the case could go forward; there is now a circuit split on the subject, so it's possible that the Supreme Court will take the matter up. [read post]
9 Dec 2013, 7:13 am by Neil Cahn
Blending science, culture, compassion and philosophy with legal precedent, Justice Matthew F. [read post]
14 Jul 2011, 1:30 pm by Aaron Pelley
The dissent pointed out that, “[j]ust like the inevitable discovery exception rejected in Winterstein and the good faith exception rejected in Afana, this attenuation exception allows illegally obtained evidence to be admitted. [read post]
18 Dec 2019, 10:02 pm by Josh Blackman
The dissent adopts an alternate argument advanced by the House of Representatives: the saving construction still applies, because it has become a part of the statutory scheme. [read post]
22 Nov 2011, 4:00 am by Terry Hart
Ashcroft devoted a scant two sentences to that history to show that, since the Copyright Act of 1790 and the First Amendment were adopted close in time, they are compatible. [read post]
11 Dec 2018, 5:31 am by Barry Sookman
Whether something is fair as a matter of law cannot be dispositive of whether it is actually fair or in the public interest. [read post]
WETLANDS California Finalized and Implements A State Wetland Definition Since adopting Resolution No. 2008-0026, the State has been pressing forward on the development of a policy and program to protect Waters of the State. [read post]