The Crime Report

JULY 13, 2022

Was the Supreme Court decision last month overruling Roe v. Wade one of the worst decisions in the 233-year history of the Court? Chief Justice Charles Evan Hughes, who served on the court from 1930 to 1941, called Dred Scott the Court’s great “self-inflicted wound.”. Supreme Court. Sound familiar?

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Patently O

JANUARY 4, 2022

I have a new draft article on the Kessler Doctrine co-authored with my former student Homayoon Rafatijo and welcome comments and suggestions before it is formally published later this month. Kessler is a 1907 Supreme Court decision that we argue should be seen as simply implementing defensive issue preclusion.

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Conflict of Laws

SEPTEMBER 14, 2023

In two prior posts ( here and here ), I discussed a draft of the FSIL (English translation here ). In this post I analyze the final version of the law, noting some of its key provision and identifying changes from the draft, some of which address issues that I had identified. Russia and China long adhered to the absolute theory.

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Broadcast Law Blog

OCTOBER 9, 2022

FCC , which rejected the requirement that broadcast licensees independently check two federal databases to verify whether an airtime lessee is a “foreign governmental entity” (see our Broadcast Law Blog article on the Court’s decision here ). The draft Order would extend the temporary freeze on applications in the 12.7

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Patently O

NOVEMBER 15, 2023

Even some judges on the Federal Circuit have labeled the eligibility framework as an “incoherent doctrine” [1] that might tempt district courts into “an effective coin toss,” [2] while others have openly confessed that “the nation’s lone patent court … [is] at a loss as to how to uniformly apply § 101.” [3] affirmance rate.

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Drafting Court Laws Litigation 73

FDA Law Blog

APRIL 19, 2021

We have blogged recently about several FDA setbacks in court ( here , for example). Circuit Court of Appeals on Friday. FDA , the Court of Appeals ruled that FDA cannot regulate a medical product – in this case, the radiographic contrast agent barium sulfate – as a drug when the product meets the definition of a device.

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LawTechnologyToday

AUGUST 17, 2022

Lawyers are using data analytics and predictive coding to review documents, draft contracts and to determine the outcome of court decisions. This project evolved from a case study about the Theranos hoax that I drafted for my course the Fundamentals of Innovation. The second project is the ethics of innovation.

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JURIST

MAY 13, 2022

This rushed, desperate attempt came in the aftermath of a draft US Supreme Court decision leaked earlier this month that would overturn the seminal case of Roe v Wade (1973). The leak and the threat of a Roe reversal has prompted demonstrations both for and against the decision all over the world, including Canada.

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Conflict of Laws

APRIL 26, 2023

It contains the following articles: D McClean, “The transfer of proceedings in international family cases” There is general agreement that jurisdiction over issues concerning children or vulnerable adults should lie with the court of their habitual residence.

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Hoban Law Group

APRIL 13, 2021

Recent developments have made it even more attractive — for example, the basis for the argument of unconstitutionality of §280E has recently and ably been outlined by the judiciary in three dissenting opinions to a 2019 Tax Court decision (For a summary, see: [link] ). It is not a DIY.

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Drafting Statute Government Court Decisions 105

Conflict of Laws

SEPTEMBER 4, 2023

This is exemplified by the decisions of the Higher Regional Court of Cologne for the international service of process. But an exception is made in cases where an Austrian decision for costs can be executed in the country of residence of the plaintiff. Mandl: Apparent and virtual establishments reflected through Art.

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Conflict of Laws

AUGUST 30, 2023

329-402 Badr, Yehya Ibrahim “The Hague 2019 Convention for the Recognition and Enforcement of Foreign Judicial Decisions: A Comparative Study”, International Journal of Doctrine, Judiciary, and Legislation (IJDJL) 2 (2021), pp. 1 of December 2018 (available here ) Nygh, Peter; Pocar, Fausto “Report of the Special Commission”, HCCH Prel.-Doc.

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FDA Law Blog

APRIL 23, 2021

The Supreme Court has handed down a decision in AMG Capital Management, LLC, et al. The question presented is whether this statutory language authorizes the Commission to seek, and a court to award, equitable monetary relief such as restitution or disgorgement. By Karin F.R. Moore & Jeffrey N. Gibbs & John R.

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Court Statute Punitive Damages Government 40

Patently O

NOVEMBER 9, 2021

In the past 50 years, the Supreme Court has decided about 70 patent cases (depending upon how you count). But, in the end, the court focused on the more mundane question of obviousness — a doctrine it continued to refer to as “invention.” That 3-to-2 decision included a narrow interpretation of Gottshalk v.

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Conflict of Laws

FEBRUARY 17, 2021

Judgments Convention: Revised Draft Explanatory Report”, HCCH Prel.-Doc. The Court Jurisdiction and Proceedings Transfer Act and the Hague Judgments and Jurisdictions Projects”, Osgoode Hall Law Journal 55 (2018), pp 257-304. Garcimartín Alférez, Francisco; Saumier, Geneviève. 1 of December 2018 (available here ). Beaumont, Paul.

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Paralegal Bootcamp

JULY 24, 2023

Paralegals play an indispensable role in the legal process, handling things such as document review and analysis, legal research, drafting pleadings, and managing case files. Legal research skills Legal research skills are essential for finding and analyzing laws, regulations, and court decisions pertinent to the case you’re working on.

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Conflict of Laws

AUGUST 23, 2023

The monograph predominantly examines 19 Indonesian court decisions on choice of law in international commercial contracts during the period, 2000-2020. It was especially fascinating to me to discover here that the Indonesian language is usually a legal requirement for drafting contracts involving Indonesians.

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Contract Laws Civil Law Procedural Law 52

Conflict of Laws

JULY 26, 2023

The mass-revocation will not affect them either, which means that they will continue to benefit consumers and employees in UK courts beyond the end of 2023. However, a significant difference to the current situation will arise with regard to how strictly courts will continue to follow precedent on the interpretation of the “assimilated law”.

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LawSites

APRIL 19, 2022

I built a document automation app online to help people fight their tickets for free using a recent court decision that had come down in Manhattan. There were two other court decisions from just outside of the city that were persuasive as well. It was document automation. Read it here.

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SCOTUSBlog

APRIL 16, 2021

On Monday, the Supreme Court will hear argument on that question in Yellen v. Oklahoma last term, the court confronted the complex past of Oklahoma’s Native nations, Chehalis turns on the unique legal history of Alaskan Natives. A federal district court in D.C. Confederated Tribes of the Chehalis Reservation.

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Conflict of Laws

APRIL 4, 2023

329-402 Badr, Yehya Ibrahim “The Hague 2019 Convention for the Recognition and Enforcement of Foreign Judicial Decisions: A Comparative Study”, International Journal of Doctrine, Judiciary, and Legislation (IJDJL) 2 (2021), pp. 1 of December 2018 (available here ) Nygh, Peter; Pocar, Fausto “Report of the Special Commission”, HCCH Prel.-Doc.

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Conflict of Laws

APRIL 20, 2022

Judgments Convention: Revised Draft Explanatory Report”, HCCH Prel.-Doc. Indirect jurisdiction and Swedish law – Analysis and inquiry of the jurisdiction of Swedish courts in relation to the 2019 Hague Convention on Recognition and Enforcement”. Garcimartín Alférez, Francisco; Saumier, Geneviève. 1 of December 2018 (available here ).

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Conflict of Laws

JANUARY 11, 2022

Judgments Convention: Revised Draft Explanatory Report”, HCCH Prel.-Doc. The Court Jurisdiction and Proceedings Transfer Act and the Hague Judgments and Jurisdictions Projects”, Osgoode Hall Law Journal 55 (2018), pp 257-304. Garcimartín Alférez, Francisco; Saumier, Geneviève. 1 of December 2018 (available here ). Blom, Joost.

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Conflict of Laws

NOVEMBER 23, 2021

Judgments Convention: Revised Draft Explanatory Report”, HCCH Prel.-Doc. The Court Jurisdiction and Proceedings Transfer Act and the Hague Judgments and Jurisdictions Projects”, Osgoode Hall Law Journal 55 (2018), pp 257-304. Garcimartín Alférez, Francisco; Saumier, Geneviève. 1 of December 2018 (available here ). Blom, Joost.

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HowAppealing

DECEMBER 10, 2021

“Supreme Court Allows Challenge to Texas Abortion Law but Leaves It in Effect; The law, which bans most abortions after about six weeks of pregnancy, was drafted to evade review in federal court and has been in effect since September”: Adam Liptak of The New York Times has this report. ” David G.

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Drafting Laws Court Court Rules 100

Conflict of Laws

FEBRUARY 16, 2022

Judgments Convention: Revised Draft Explanatory Report”, HCCH Prel.-Doc. Indirect jurisdiction and Swedish law – Analysis and inquiry of the jurisdiction of Swedish courts in relation to the 2019 Hague Convention on Recognition and Enforcement”. Garcimartín Alférez, Francisco; Saumier, Geneviève. 1 of December 2018 (available here ).

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Drafting Laws Litigation Litigating 52

Conflict of Laws

AUGUST 31, 2022

“Judgments Convention: Revised Draft Explanatory Report”, HCCH Prel.-Doc. Brexit and the Future of Private International Law in English Courts”, Oxford 2022. Indirect jurisdiction and Swedish law – Analysis and inquiry of the jurisdiction of Swedish courts in relation to the 2019 Hague Convention on Recognition and Enforcement”.

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Conflict of Laws

DECEMBER 7, 2021

Judgments Convention: Revised Draft Explanatory Report”, HCCH Prel.-Doc. The Court Jurisdiction and Proceedings Transfer Act and the Hague Judgments and Jurisdictions Projects”, Osgoode Hall Law Journal 55 (2018), pp 257-304. Garcimartín Alférez, Francisco; Saumier, Geneviève. 1 of December 2018 (available here ). Blom, Joost.

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Drafting Laws Litigation Litigating 52

Conflict of Laws

FEBRUARY 15, 2023

329-402 Badr, Yehya Ibrahim “The Hague 2019 Convention for the Recognition and Enforcement of Foreign Judicial Decisions: A Comparative Study”, International Journal of Doctrine, Judiciary, and Legislation (IJDJL) 2 (2021), pp. 1 of December 2018 (available here ) Nygh, Peter; Pocar, Fausto “Report of the Special Commission”, HCCH Prel.-Doc.

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Drafting Laws Litigation Litigating 40

Conflict of Laws

SEPTEMBER 28, 2022

“Judgments Convention: Revised Draft Explanatory Report”, HCCH Prel.-Doc. Brexit and the Future of Private International Law in English Courts”, Oxford 2022. Indirect jurisdiction and Swedish law – Analysis and inquiry of the jurisdiction of Swedish courts in relation to the 2019 Hague Convention on Recognition and Enforcement”.

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Drafting Laws Litigation Litigating 40

Conflict of Laws

JUNE 21, 2022

“Judgments Convention: Revised Draft Explanatory Report”, HCCH Prel.-Doc. Brexit and the Future of Private International Law in English Courts”, Oxford 2022. Indirect jurisdiction and Swedish law – Analysis and inquiry of the jurisdiction of Swedish courts in relation to the 2019 Hague Convention on Recognition and Enforcement”.

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Conflict of Laws

NOVEMBER 17, 2021

The appellate mechanism conducted by state courts; 2. Appealing mechanism before the court. Appealing mechanism before the court. 2) Albeit parties fail to opt out of such appeals, the court is still afforded with discretion on rejection of a leave to commence such appeal. [iii] Appellate Mechanism in England.

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ClimateChange-ClimateLaw

OCTOBER 18, 2022

On June 15, 2022, the Prague Municipal Court, a first instance administrative court, decided in favor of the plaintiffs in the first Czech strategic climate case ( Klimatická žaloba ?R This blog post provides a preliminary analysis of the decision and discusses some interesting remarks made by the court.

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Conflict of Laws

JUNE 21, 2021

Following Professor Zhao’s presentation, Mr Alexander Blumrosen, Partner at Polaris Law (Paris), provided a historical account of the use of the Evidence Convention in the United States and the significance of the landmark Supreme Court decision Aérospatiale.

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Contract Technology Legal Legal 52

ClimateChange-ClimateLaw

DECEMBER 11, 2020

Federal Court Found Flaws in New Climate Change Analysis for Wyoming Oil and Gas Leases. The federal district court for the District of Columbia ruled that the U.S. Second, the court concluded that BLM should have calculated and considered total greenhouse emissions, instead of merely relying on comparisons of yearly emission rates.

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The Crime Report

AUGUST 18, 2022

In a case involving a former inmate who accused a Virginia prison of discrimination, a federal appeals court has held that the Americans with Disabilities Act (ADA) covers individuals with “gender dysphoria.”. Ultimately, the 4th Circuit grounded its decision on the “basic promise of equality. The case will first return to lower court.

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Constitutional Law Reporter

AUGUST 2, 2023

Supreme Court struck down the Biden Administration’s student loan forgiveness program. The district court denied the States’ motion for a preliminary injunction and dismissed the case for lack of jurisdiction after determining none of the States had standing to bring the lawsuit. In Biden v. Nebraska , 600 U.S. _ (2023), the U.S.

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