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15 May 2024, 6:02 am by Kevin LaCroix
According to the latest (albeit not uncontroversial) case law of the Higher Regional Court of Cologne, the statutory reversal of the burden of proof applies analogously in direct proceedings. [read post]
10 May 2024, 4:34 am by jonathanturley
Frankly, in another Trump related case (like the one involving the Trump corporation) I would not view the personal donations or the daughter’s major political role to be as problematic. [read post]
8 May 2024, 8:31 am by Christopher J. Hubbert
Director Grewal analogized the situation to greenwashing, when companies exaggerate their ESG engagement. [read post]
6 May 2024, 5:01 am by Eugene Volokh
As other courts have noted with regard to analogous sexual misconduct claims, "it stands to reason that there are some persons who would seek to inflict physical or mental harm on Doe if they learned of his real name, especially in light of the ongoing national conversation about sexual misconduct on college campuses. [read post]
5 May 2024, 6:44 pm
Pix credit here The Hong Kong National Security law has attracted a substantial amount of attention outside of HR-SAR (eg here, here), and generated the start of what is likely to be a lively judicial debate (eg here). [read post]
1 May 2024, 11:52 am by Brian Clark
The Code[1] often allows sales to be taxed at preferential capital gains rates[2] while simple royalties are ordinary income.[3] At present the maximum capital gain versus ordinary income rate differential for non-corporate taxpayers – without more[4] – is seventeen percent[5] which is not immaterial. [read post]
AB 3129 must pass out of the Judiciary Committee and survive an Assembly vote before moving through an analogous process in the California Senate. [read post]
11 Apr 2024, 12:15 am
  In a recent unpublished decision involving the analogous inspection statute (Corp. [read post]
9 Apr 2024, 11:00 am by Karen Tani
The doctrine of federal incorporation, meanwhile, is confused: courts analogize federal corporations to state corporations or federal agencies, despite obvious inconsistencies, or avoid them altogether. [read post]
8 Apr 2024, 8:55 am by Lawrence Solum
The doctrine of federal incorporation, meanwhile, is confused: courts analogize federal corporations to state corporations or federal agencies, despite obvious inconsistencies, or avoid them altogether. [read post]
7 Apr 2024, 9:19 am
  I was delighted to have been invited to participate in the Asser Institute: Center for International and European Law & University of Amsterdam Law School-[Spring Academy] Technologies of sustainability due diligence: Digital tools and global value chain regulations which takes place in The Hague,  Netherlands from 8-12 April 2024. [read post]
7 Apr 2024, 8:26 am
For Adorno, a type of sparse, realistic prose, almost like a listing of facts, might however be able to be a testimony to the extremely horrible reality of Auschwitz....Shteyngart is analogizing — "badly"!! [read post]
3 Apr 2024, 12:44 pm by Robin E. Kobayashi
Louisiana Workers’ Compensation Corporation (WCAB—ADJ9078233) Insurance Coverage—Construction of Policy—WCAB, denying reconsideration, affirmed arbitrator’s decision that insurance policy issued by Louisiana Workers’ Compensation Corporation (LWCC) did not have clear and legal exclusion of coverage... [read post]
28 Mar 2024, 12:15 am
  The Nonprofit Religious Corporation Law includes no provision analogous to Sections 5710 or 9710. [read post]
26 Mar 2024, 11:47 am by Steven Schwartzapfel
” Using the same analogy, these violations can be viewed as yellow lights, too, but lights that blink to the tune of $16,131 each day the issue remains unresolved. [read post]
17 Mar 2024, 6:18 pm
The U.S. analog came at the end of the prior century.[8] Text first, and where text is not clear or complete—then the spirit of the law must be exhumed from the evidence left by those responsible for the constitution and enactment of text as law.[9]   And yet, the doctrine produces a tension—one that produces interpretive pluralism in the face of clarity and completeness determined by heterogeneous courts.[10]  The tension remains between a core premise embracing… [read post]
13 Mar 2024, 9:05 pm by renholding
Somewhat analogous provisions exist in certain secured credit facilities. [read post]