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2 May 2024, 7:01 pm by Sabrina I. Pacifici
It scores criminal defendants, aiming to inform judges which defendants are likely reoffenders or flight risks and which ones are not. [read post]
2 May 2024, 2:27 pm by Steve Bainbridge
The court devoted a very long footnote (omitted) to challenging the uniformity of standards applicable to each role. [read post]
2 May 2024, 1:22 pm by Guest Author
Thanks to this application of Chevron, commercial banks may engage in the same types of practices against which Congress legislated so long as they only do so in private markets—which today are bigger than public markets. [read post]
On cross-appeal, the defendants do not dispute these facts, but instead assert that they do not constitute oppression. [read post]
The applicant country argued the defendant are committing genocidal acts with “the requisite specific intent” to destroy Palestinians in Gaza. [read post]
2 May 2024, 4:34 am by Woodruff Family Law Group
The issue of whether the retroactive element of the new law is constitutional was heard by the state’s supreme court after the defendantsapplication for review. [read post]
University administrators, by contrast, defend their actions to restrict the protests and protestors as being necessary and proper to assure the safety of students, faculty, and staff.The two sides seem to agree that openly violent protests—that is, protests in which protesters knock down, threaten in a “true threat” sense, verbally or physically harass, punch or beat (or worse) passersby or other folks who seem unsympathetic to the protestors’ causes—should be… [read post]
1 May 2024, 1:18 pm by Melissa Tremblay
”[18] How McKesson Applies Rule 9(b) to Scienter Allegations Under the AKS The central issue on appeal in McKesson was whether the relator “plausibly [alleged] that McKesson acted with the mens rea applicable under the federal AKS. [read post]
1 May 2024, 7:57 am by Conaway & Strickler, P.C.
Section 3E1.1 is relevant only in the federal system; however, on the state level, the general concept of accepting responsibility is still applicable at sentencing. [read post]
1 May 2024, 5:00 am by Marc Misthal
Although their interests are likely aligned, clients may prefer assurance that their interests will be actively defended. [read post]
1 May 2024, 4:00 am by Eric Segall
Listening to the oral argument in the Trump immunity case last week, and reading Mike's excellent recap of the debacle, I could not help but think how surreal the conservative justices were acting. [read post]
30 Apr 2024, 8:55 pm by Lawrence Solum
Ray, a sociologist and an advocate of critical race theory, expressly tries to fill this gap, both explaining the expanding scope of critical race theory and defending it against its critics. [read post]
30 Apr 2024, 2:51 pm by Cynthia Marcotte Stamer
Beyond applying with the applicable requirements of the FLSA, impacted employers also will want to reevaluate their budgeting, pricing, and other financial assumptions and practices in preparation of the implications of these increases. [read post]
30 Apr 2024, 2:43 pm by Harbir Deol
Instead, they are protected against unauthorized use primarily through state laws, and in many cases under the federal Defend Trade Secrets Act (DTSA) in the U.S., which can provide remedies for misappropriation of trade secrets. [read post]
30 Apr 2024, 12:34 pm by melody
Each case is unique, so the applicability of these defenses would depend on the specific facts and evidence of the situation. [read post]
30 Apr 2024, 12:34 pm by melody
Each case is unique, so the applicability of these defenses would depend on the specific facts and evidence of the situation. [read post]