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22 May 2024, 10:23 am by David Luban
All it means, as Khan said in an interview Monday, is that “no people anywhere are saints. [read post]
22 May 2024, 6:00 am by Public Employment Law Press
When evidentiary material is submitted and considered on a motion to dismiss a complaint pursuant to CPLR 3211(a)(7), the question becomes whether the plaintiff has a cause of action, not whether the plaintiff has stated one, and unless it has been shown that a material fact as claimed by the plaintiff to be one is not a fact at all, and unless it can be said that no significant dispute exists regarding it, dismissal should not eventuate (see Guggenheimer v Ginzburg, 43… [read post]
22 May 2024, 6:00 am by Public Employment Law Press
When evidentiary material is submitted and considered on a motion to dismiss a complaint pursuant to CPLR 3211(a)(7), the question becomes whether the plaintiff has a cause of action, not whether the plaintiff has stated one, and unless it has been shown that a material fact as claimed by the plaintiff to be one is not a fact at all, and unless it can be said that no significant dispute exists regarding it, dismissal should not eventuate (see Guggenheimer v Ginzburg, 43… [read post]
22 May 2024, 4:00 am by Yosi Yahoudai
Lack of tree canopy, lack of air conditioning at home or work and inefficient infrastructure can also play a part, said V. [read post]
22 May 2024, 4:00 am by Eric Segall
In other words, Alito is who he always was, and the "Concerned Alumni of Princeton," with their focus on white-male success, was a perfect fit for him.2) When the United States Court of Appeals for the Third Circuit decided Planned Parenthood v. [read post]
21 May 2024, 9:01 pm by renholding
That said, the risk of providing inadvertent fiduciary advice can be lowered by making it clear that advice is being addressed to a counterparty in its general capacity, and not in its capacity as a retirement investor with respect to a particular plan or IRA. [read post]
21 May 2024, 9:01 pm by Austin Sarat
Whatever one’s view about the constitutional status of reproductive rights for women, reading what Justice Samuel Alito’s majority opinion in Dobbs said about Roe v. [read post]
21 May 2024, 1:15 pm by Tobin Admin
In a recent case, a motorcyclist was fatally injured in an accident when his bike was struck by a car on a state highway. [read post]
20 May 2024, 10:30 pm by Jesse Peters
In line with previous case law such as In ‘t Veld v Council, the Court required [read post]
In its notice of appeal, ASIC said that Jackman J erred in finding that the term is reasonably necessary to protect the parties’ interests and in not finding that it would cause a significant imbalance in the rights and obligations of the parties. [read post]
20 May 2024, 11:41 am by Daniel M. Kowalski
Judge Wright puts it plainly stating that ICE's practice can be more accurately termed "knock and arrests" and "violate[s] the Fourth Amendment. [read post]
20 May 2024, 8:40 am by David Pozen
By contrast, Paul-Emile’s theory might suggest a revisionist reading of Gonzales v. [read post]
20 May 2024, 5:00 am by Josh Blackman
The most pushback I received was from a colleague who said that the disqualification was so obvious, I need not have said anything. [read post]