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15 Oct 2015, 6:01 am by Administrator
Similarly, referring to the New South Wales Court of Criminal Appeal, Justice Peter McClellan and Christopher Beshara claim that ‘[i]n spite of the distasteful subject matter with which it sometimes deals, the court can occasionally be the source of humour’. [read post]
6 Oct 2015, 3:05 am by Kevin LaCroix
The U.S. government’s petition for writ of certiorari in the case of United States v. [read post]
28 Sep 2015, 6:00 am by David Kris
  The simplest approach in concept probably would be to remove or override domestic legal prohibitions on disclosure, where desired, in response to certain types of favored foreign production directives.[37]  As a matter of U.S. law, this would not be difficult technically (although it might be very challenging politically). [read post]
27 Sep 2015, 1:13 am
  Their collective view was that shape element (A) fell foul of Article 3(1)(e)(i) and shape elements (B) and (C) fell foul of Article 3(1)(e)(ii), but that neither Article 3(1)(e)(i) nor (ii) applied to all of (A), (B) and (C) together. [read post]
25 Sep 2015, 7:05 am by S & F Media LLC.
The article further highlighted that [the referral service] made no secret about courting African American and Latino consumers through R&B and hip hop radio stations, catchy jingles and outlandish spokespersons. [read post]
21 Sep 2015, 2:37 am by Dave
Following hard on the heels of J’s excellent post on the Immigration Bill, we now have further discussion of the EU right to reside rules by the CJEU in Jobcenter Berlin Neukolln v Alimanovic  Case C-67/14 (to which I might say, good luck landlords). [read post]
17 Sep 2015, 6:01 am by Administrator
He said: Apart … from the question of contract …, it is said that in revenue cases there is a doctrine that the Court may ignore the legal position and regard what is called “the substance of the matter”, and that here the substance of the matter is that the annuitant was serving the Duke for something equal to his former salary or wages, and that therefore, while he is so serving, the annuity must be treated as salary or wages. [read post]
15 Sep 2015, 5:53 am by Jack Goldsmith
By learning the secrets, the Chinese were able to include the design and technology in Beijing’s new stealth jet, the J-20. [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]
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]
3 Sep 2015, 4:02 pm by INFORRM
In terms of the claims under the Fair Trading Act, CPAA objected to (a) a flyer handed out by NZICA representatives at a University careers fair, (b) an advertisement placed by NZICA in two nationwide publications, and (c) comments made by NZICA’s then chief executive that were reported in a newspaper article. [read post]
3 Sep 2015, 3:05 am by Jan von Hein
However, once again, the Court has failed to further elaborate on the criteria necessary for the classification of an action as an insolvency-related action within the meaning of art. 3 EIR and art. 1 para. 2 lit. b Brussels I-reg. [read post]