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25 Mar 2018, 9:01 pm by Neil Cahn
That was the issue addressed by the Appellate Division, Second Department, in its decision this month in Spencer-Forrest v. [read post]
21 Mar 2018, 4:26 am by SHG
The Lochner part refers to a 1905 Supreme Court decision, Lochner v. [read post]
18 Mar 2018, 9:01 pm by Neil Cahn
In the first New York appellate decision to rule on the issue, the Appellate Division, Second Department held in its February 28, 2018 opinion in Spencer v. [read post]
26 Feb 2018, 4:00 am by Keith E. Whittington
As Jefferson later emphasized to the Virginia jurist Spencer Roane, who was doing battle in the press with Chief Justice John Marshall over the court’s opinion in the McCulloch v. [read post]
20 Feb 2018, 5:50 am by Joy Waltemath
Because the record overwhelmingly confirmed his wrongdoing and that the school district suffered prejudice, a federal court in Pennsylvania precluded him from using the documents, ordered him to return them, and stated that it would determine before trial whether to impose any additional sanctions for his misconduct and false testimony (Spencer v. [read post]
17 Feb 2018, 2:54 am
  Likewise in the High Court, the Claimant wished to rely on them in the High Court in relation to their case on distinctiveness (and not as evidence of confusion).It is clear from Interflora 1 (Interflora v Marks and Spencer [2012] EWCA Civ 1501) and Interflora 2 (Interflora v Marks and Spencer [2013] EWCA Civ 319) that surveys should only be permitted if they are of "real value". [read post]
11 Feb 2018, 7:27 am by Giles Peaker
(Our thanks to Spencer Turner for this guest post) Brent Council v Shah and Others, unreported 29 January 2018 (Crown Ct (Harrow)) The Proceeds of Crime Act 2002 (‘POCA’) has been successfully used by Brent Council against landlords for breach of licencing conditions. [read post]
25 Jan 2018, 4:00 am by Administrator
R v Plant, [1993] 3 SCR 281 at para 45; R v Tessling, 2004 SCC 67, [2004] 3 SCR 432 at para 32; R v Cole, 2012 SCC 53, [2012] 3 SCR 34 at paras 39-58; R v Patrick, 2009 SCC 17, [2009] 1 SCR 579 at para 27. 5 Supra note 4 at para 27. 6 2014 SCC 43, [2014] 2 SCR 212 at para 18. 7 Plant, supra note 4 at para 20. 8 Ibid. 9 Part I of the Constitution Act, 1982, Schedule B to the Canada Act 1982 (UK), 1982, c 11. 10 2010 SCC 55 at para 38, [2010] 3 SCR 211, per… [read post]
1 Dec 2017, 7:50 am
Marks & Spencer has developed its “Plan A” standards), market reaction to the competitive advantage gained by early-adopters, the responsible development of the global south, and government intervention. [read post]
1 Dec 2017, 2:00 am by Christopher Tyner
Supreme Court heard arguments this week in Carpenter v. [read post]
29 Nov 2017, 12:00 pm by Brett M. Kavanaugh
See Letter to Spencer Roane (Sept. 2, 1819), in 8 Writings of James Madison 450 (G. [read post]
 Despite a period of uncertainty, the Supreme Court clarified the law in Marks and Spencer plc v BNP Paribas Securities Services Trust Company (Jersey) Limited [2015] UKSC 72, confirming that the traditional strict tests still represent the law. [read post]
17 Nov 2017, 8:28 am by Mandy Perry
 In a recent High Court case (Cox v Spencer [2017] EWHC 2552 (QB)), the employer was granted an order that meant it could image the employee’s computer to see if it contained any of their confidential information. [read post]
2 Nov 2017, 8:32 am by Garrett Hinck
Bruce Ackerman summarized oral arguments in Smith v. [read post]