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13 Jul 2023, 4:54 pm
For instance, in the instant case, the dispute would have been rendered in-arbitrable with the application of Indian law (law governing substantive contract) and hence the Singapore law was inferred to be the implied choice.[1] The test as initially propounded in Sulamérica CIA Nacional de Seguros v Enesa Engenharia (“Sulamerica”) by the EWCA and later also adopted in Singapore[2] states that the law governing the substantive contract will also govern the arbitration… [read post]
12 Jul 2023, 9:29 am
Lockheed-Martin Corp., 644 F.3d 1321, 1325, n.15 (11th Cir. 2011). [read post]
12 Jul 2023, 1:57 am
Martin reports for the Wall Street Journal. [read post]
7 Jul 2023, 9:05 pm
Market rigidities, including government subsidies for livestock production and the sunk costs of animal-related farm equipment, discourage farmers from adopting new methods. [read post]
6 Jul 2023, 6:30 am
For the Balkinization symposium on Martin Loughlin, Against Constitutionalism (Harvard University Press, 2022).Martin Loughlin Since one purpose in publishing Against Constitutionalism (AC) with Harvard was to maximise the chance of it being read by American constitutional scholars, I cannot be other than delighted with the reviews. [read post]
4 Jul 2023, 6:57 am
And it forms the basis for Martin Luther King's metaphor of the civil rights movement as a promissory note that a later generation has come to collect. [read post]
4 Jul 2023, 6:30 am
For the Balkinization symposium on Martin Loughlin, Against Constitutionalism (Harvard University Press, 2022).Joseph FishkinLoughlin’s Against Constitutionalism is a thoughtful, provocative book. [read post]
3 Jul 2023, 6:30 am
For the Balkinization symposium on Martin Loughlin, Against Constitutionalism (Harvard University Press, 2022).Martin Loughlin’s new book Against Constitutionalism is extraordinarily rich and provocative. [read post]
29 Jun 2023, 3:33 pm
ShareThe Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. [read post]
29 Jun 2023, 6:57 am
Martin Senftleben: The more complex the system gets, the lighter and less detailed the framework should be—open-ended notice and takedown would be better than DSA. [read post]
29 Jun 2023, 6:30 am
For the Balkinization symposium on Martin Loughlin, Against Constitutionalism (Harvard University Press, 2022).Julie C. [read post]
23 Jun 2023, 6:55 am
Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. [read post]
23 Jun 2023, 12:43 am
Furthermore, as Olga Martin-Ortega and Fatimazahra Dehbi highlights (UNGP 7) when a company is operating in a conflict zone, the States that are involved must engage effectively with the situation to protect human rights considering the heightened vulnerability. [read post]
20 Jun 2023, 5:15 am
Some will argue for the adoption of conventional licensing approaches, though any potential compensation system for news content would need to factor in the limited relative value of content from any given news source in the context of training sets with trillions of words. [read post]
17 Jun 2023, 7:16 pm
Pix credit here It is always a delight when the leading press organs think enough about ideas to find a way to popularize them. [read post]
16 Jun 2023, 12:11 pm
More recently, in Martin v. [read post]
15 Jun 2023, 1:09 pm
Watson, 22-412Issue: Whether any amendment to a law originally adopted for an impermissible racially discriminatory purpose, no matter how minor the amendment and no matter the historical context, cleanses the law of its racist origins for 14th Amendment purposes unless the party challenging the law can prove that the amendment itself was motivated by racial discrimination. [read post]
8 Jun 2023, 2:21 pm
Mississippi, considering those strikes “in the context of all the facts and circumstances” that this Court has recognized as relevant to that determination; (2) Whether, by upholding these strikes in part on the basis of reasons not articulated by the prosecutor in the trial court the Mississippi Supreme Court has adopted from the Fifth Circuit an erroneous interpretation of Batson that conflicts with not only this Court’s clearly established precedent, but also with… [read post]
7 Jun 2023, 2:42 pm
City of Philadelphia (Injury in fact standing doctrine) Martin v. [read post]
7 Jun 2023, 5:00 am
*This post is part of a symposium on Modernizing Regulatory Review. [read post]
