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30 Nov 2012, 7:37 am by Albert Wan
 Before reaching the question of Padilla retroactivity, however, the Hernandez court decided an issue that, if I correctly recall, appeared in one form or another in the Fourth Circuit’s recent decision in United States v. [read post]
28 Nov 2012, 6:49 am
Hernandez, who grew up in the United States and has a career and family members here, faces permanent removal from the United States over what appears to be a youthful mistake. [read post]
26 Nov 2012, 12:30 am by Rumpole
 The long awaited decision in Hernandez v. [read post]
6 Nov 2012, 4:00 am by Devlin Hartline
A different district court followed suit and stated that Section 106 should be read literally to create an independent, exclusive right “to authorize” use of a copyrighted work.14 That court held that “mere authorization . . . constitutes direct infringement and is actionable under United States Copyright Law. [read post]
30 Oct 2012, 8:20 am by Kiran Bhat
John Wiley & Sons, Inc., the Court considered whether copyrighted works made and purchased abroad can be bought and sold within the United States without the copyright owner’s permission. [read post]
14 Aug 2012, 7:52 pm by John Bellinger
   We point out, inter alia, that extraterritorial application of the ATS in most cases violates the Court’s longstanding proscription (first enunciated in 1897 in Underhill v Hernandez) against allowing U.S. courts to “sit in judgment on the acts of the government of another, done within its own territory. [read post]
17 Jul 2012, 6:50 am by Tobias Thienel
This doctrine holds,in the broadest outline, that English (like U.S.) courts 'will not sit in judgment on the acts of the government of another done within its own territory' (Underhill v Hernandez, 168 U.S. 250, 252 (1897)) or 'will not adjudicate upon the transactions of foreign sovereign states' (Buttes Gas Oil Co v Hammer (No 3) [1982] AC 888, 931G). [read post]
25 Jun 2012, 11:29 am
Elias was hit with the slew of counts in violation of Title 18 of the United States Code, including: • Conspiracy to commit bank fraud • Substantive bank fraud (16 counts) • Aggravated identity theft (3 counts) • Destruction of evidence (one count) The other 13 defendants were also hit with a variety of counts, depending on the nature of their complicity and responsibility. [read post]
19 Jun 2012, 8:06 am by Mark J. Rose, Esq.
Ferrer, United States Attorney for the Southern District of Florida, John V. [read post]