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The article dissects the legal reasoning of the United States Court of Appeals for the Second Circuit in Kiobel v Royal Dutch Petroleum[1] and argues that the majority simply got it wrong principally by conflating ‘the jurisdictional and cause of action aspects of an ATS suit’. [read post]
21 Dec 2017, 12:43 pm by Eugene Volokh
For an early articulation that seems to echo this view, see the summary of the trial judge's instructions in State v. [read post]
28 Jan 2011, 8:53 am by Dave
Once over the hurdle of striking the first blow, apologising and making up, some people find it much easier to strike the second, and the third, and go on and on. [read post]
4 Aug 2009, 3:35 am
Overruling Austin would blow a sizeable hole in the regulatory scheme. [read post]
2 Jan 2022, 4:00 am by Administrator
Tax: Treaties; GAARCanada v. [read post]
7 Feb 2018, 12:00 am by Public Employment Law Press
The seminal case in New York State regarding standards of fairness is the Pell decision [Pell v Board of Education, 34 NY2d 222]. [read post]
7 May 2020, 3:58 am by Edith Roberts
” Yesterday’s second argument was in Barr v. [read post]
19 Nov 2009, 4:20 pm
In May 2008, officers of the Environment Agency attended for a compliance assessment and could see that dust was blowing from within the site and it could seen covering the cars in the car park and in the air. [read post]
13 Jun 2019, 1:06 pm
Counsel's perspective | Mr Justice Nugee and the Superhose: The potentiality of disclosure | Dutch Court of Appeal injuncts unwilling licensee in first post-Huawei v ZTE FRAND decision | English High Court seizes patent infringement jurisdiction once again | No knowledge in secondary copyright infringement of Eminem's first album | Ariana Grande, thank you, next: copyright infringement on Instagram | DSM Directive is now Directive 2019/790 and Member States will need to… [read post]
3 May 2022, 3:51 am by SHG
While the rationale behind Roe v. [read post]
3 Sep 2021, 6:00 am by Terry Hart
The study was requested by Congress in the wake of the Supreme Court’s 2020 Allen v. [read post]