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United States: Winter is coming: the future of First Amendment analysis, and the prospects for New York Times v Sullivan, after NYSR&PA v Bruen
26 Oct 2022, 6:58 am by INFORRM
Cold winds now blow in the US Supreme Court around the stability of a century’s worth of First Amendment doctrine; even New York Times Co v Sullivan 376 US 254 (1964), the most stable of that Court’s speech precedents, now seems in danger of being blown away in the storm, thanks to the recent decision in New York State Rifle and Pistol Association v Bruen 597 US __ (2022) (Opinion… [read post]
Inforrm's Blog - https://inforrm.wordpress.com/
It is impermissible for the court to assume in advance, and in the absence of a factual context, that cohabitation would eliminate the former spouse’s need
3 May 2010, 2:06 pm by PaulKostro
KERRIDGE V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Castillo v Ochoa, 2012 WL 523696 (D.Nev.) [Mexico] [Well Settled in New Environment]
28 Feb 2012, 10:31 am by Joel R. Brandes
Mendoza v. [read post]
A Child is Missing - http://joelbrandes.blogspot.com/
Settlement agreements in matrimonial cases are contracts that should be enforced as long as they are fair and just
19 Oct 2011, 8:13 am by PaulKostro
Our courts recognize a “`strong public policy favoring stability of arrangements’ in matrimonial matters. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Where the parties have agreed to provide for a child beyond what is legally required, courts must give due weight to the strong public policy favoring stability of consensual arrangements before freeing a parent from his or her contractual obligations
5 Mar 2010, 11:54 am by PaulKostro
Where the parties have agreed to provide for a child beyond what is legally required, courts must “giv[e] due weight to the strong public policy favoring stability of [consensual] arrangements[,]” Smith v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
If a support arrangement provided for the circumstances that are now alleged as changed, it would not ordinarily be equitable and fair to grant modification
2 Mar 2010, 2:52 pm by PaulKostro
” Avery v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Spousal agreements may condition the cessation of alimony on certain conditions, and they may allow alimony to survive remarriage
16 Dec 2009, 8:00 am
"Voluntary accommodations regarding matrimonial differences are highly desirable and make a major contribution to the fulfillment of 'the strong public policy favoring stability of arrangements.'" Petersen v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
There is nothing to preclude the parties from agreeing to a change in the PSA
10 Dec 2009, 9:42 am
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Immanuel Kant and Metaphysical Arguments in Claims Construction
23 Apr 2007, 1:02 pm
Helena Laboratories Corp. v. [read post]
Eastern District of Texas Federal Court Practice - http://mcsmith.blogs.com/eastern_district_of_texas/
Today's Headlines and Commentary
15 Oct 2018, 10:31 am by Anushka Limaye
Victoria Clark and Anushka Limaye summed up all of last week on Lawfare. [read post]
Lawfare - http://www.lawfareblog.com/
The party seeking to modify a custody judgment bears the burden of proof
22 Jul 2010, 8:49 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A judge may select a figure for taxes on alimony that is less than exact and fairly derived to avoid repeated applications for recalculation of alimony based upon insubstantial changes in federal and state tax laws and decreases in exemptions and deductio
30 Aug 2010, 8:21 am by PaulKostro
NAVIN V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
"Holes Providing Means For Allowing . . ." Not Given Means Plus Function Interpretation
30 Jan 2008, 1:33 am
In TriMed v. [read post]
I/P Updates - http://ip-updates.blogspot.com/
The polestar of contract construction is to discover the intention of the parties as revealed by the language used by them
21 Jun 2010, 10:29 am by PaulKostro
An agreement like a Property Settlement and Separation Agreement (PSSA) is favored by the “’strong public policy favoring stability of arrangements’ in matrimonial matters. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Mexican Gulf Fishing v. Department of Commerce: Part I
27 Jun 2022, 5:36 am by Bernard Bell
Goethel v. [read post]
Notice & Comment - https://www.yalejreg.com/nc/
Case Law: Soriano v Forensic News LLP: Part 1, Guidance on the Extraterritorial effect of the GDPR in publication claims – Ashley Hurst and Henry Fox
21 Jan 2021, 4:36 pm by INFORRM
The decision of Mr Justice Jay in Soriano v Forensic News LLC  [2021] EWHC 56 (QB) is interesting in a number of respects but in particular for its analysis of the circumstances in which the GDPR will apply to a publisher (or indeed any data controller/processor) based outside of the EU. [read post]
Inforrm\'s Blog - https://inforrm.wordpress.com/
In contrast with alimony or support awards, a property agreement cannot be adjusted after divorce to reflect unanticipated changes in the parties’ circumstances
28 Apr 2010, 5:26 pm by PaulKostro
Div., A-5715-07T3 & A-0804-08T3, April 28, 2010: A PSA is favored by the “’strong public policy favoring stability of arrangements’ in matrimonial matters. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
In determining the issue as to whether there should be a change in an existing de facto custody arrangement, as in removal decisions, the paramount consideration is the safety, happiness, physical, mental and moral welfare of the child
27 Jan 2010, 9:24 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Courts daily approve divorce settlements upon the express finding that it does not pass upon the fairness or merits of the agreement, so long as the parties acknowledge that the agreement was reached voluntarily and is for them, at least, fair and equitab
8 Feb 2011, 9:25 am by PaulKostro
Addesa v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Custody issues are resolved using a best interests analysis
13 May 2010, 12:51 pm by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues