Tips and key takeaways for improving your e-discovery practices based
on case law from winter of 2018
Not exact matches
Next week, the Supreme Court will hear arguments for two
cases that will decide whether your business is equivalent to a person, and whether companies can also seek exemptions
from federal
law based
on religious beliefs.
7th US Circuit Court of Appeals nominee Amy Coney Barrett, a Notre Dame
law professor, was questioned intensely about her Catholic faith as a result of past writings expressing her beliefs
on whether Catholic judges should recuse themselves
from death - penalty
cases if they believed they would be unable to impartially uphold the
law, writing that — in limited situations — judges should step back in
cases that conflict with their personal conscience.
A spokeswoman declined to answer a series of direct questions
from CNBC about his
case, instead providing a statement
from Acting Assistant Attorney General Caroline D. Ciraolo of the Justice Department's Tax Division: «Bradley Birkenfeld was afforded due process of
law and sentenced by a federal district court after full consideration of all relevant facts and circumstances, including his admission that he advised wealthy UBS clients
on how to conceal their assets
from the U.S. government,» she said.
But the
laws are not a perfect solution for professionals, as Emma Plumb writes at 1 Million for Work Flexibility: «In all
cases, employers have the right to refuse requests for flexibility
on business grounds, and small employers are exempted
from the
laws in some countries.»
And in some instances, it has been Scalia and Thomas who have done so more than those who may think of themselves less as originalists (in one recent
case in particular Scalia and Thomas dissented
from the majority which held that convicted child molesters could be indefinitely imprisoned despite having fully served their sentences based
on subtle shifts of language and the over-application of prior
case law — no one wants a child molester free and about, but such results focused outcomes are always dangerous).
The Center has its own blog, the Center for
Law and Religion Forum, which contains regular updates on law and religion cases, news, and scholarship from across the globe, as well as commentary by me, my St. John's colleague, Marc DeGirolami, and frequent gues
Law and Religion Forum, which contains regular updates
on law and religion cases, news, and scholarship from across the globe, as well as commentary by me, my St. John's colleague, Marc DeGirolami, and frequent gues
law and religion
cases, news, and scholarship
from across the globe, as well as commentary by me, my St. John's colleague, Marc DeGirolami, and frequent guests.
Because the birth control
cases all focus
on a 1993 federal
law, the Religious Freedom Restoration Act, not the Constitution, the Justices will face questions about whether the mandate to provide free access to 20 forms of birth control drugs or devices, sterilization, screenings, and counseling imposes a «substantial burden»
on religious freedom of nonprofit employers with religious objections to some or all contraceptives, whether the mandate in fact serves a «compelling interest» of the government, and whether an attempt to provide an exemption
from the mandate satisfies the requirement that such an accommodation is «the least restrictive means» of achieving the government's policy interest.
The amendment would require Oklahoma courts to «rely
on federal and state
law when deciding
cases» and «forbids courts
from considering or using» either international
law or Islamic religious
law, known as Sharia, which the amendment defined as being based
on the Quran and the teachings of the Prophet Mohammed.
Those brought up
on Roman
law or the Code Napoléon find this amazing, since they see
law as a deductive system, beginning
from first principles and working downward to the particular
case.
That wasn't even Olson's
case, but with assists
from a federal district court judge who came out as being in a same - sex relationship only after ruling and retiring, and elected officials who chose to forgo their traditional duty to vigorously defend state
law, Olson and Boies did succeed in disenfranchising millions of Californians
on a procedural technicality.
Kant's categorical imperatives, «Act always
on such a maxim as thou canst at the same time will to be a universal
law» and «So act as to treat humanity, whether in thine own person or in that of any other, in every
case as an end withal, never as means only,» are actually in one sense imposed
from without.
While the article wove together a few strands
from the common
law, it largely built its
case for such a right
on «recent inventions and business methods» such as «instantaneous photographs and... numerous mechanical devices [that] threaten to make good the prediction that «what is whispered in the closet shall be proclaimed
from the house - tops.
So, for example, when he expressed horror at the
case of adult - consensual incest going
on at Corinth he used a description of the behavior, «someone has (his) father's wife» drawn
from the prohibitions of man - stepmother intercourse in OT
law (1 Cor 5:1).
«I don't think the statements
from the United States has had any impact either
on this
case as this is all going through the Iranian justice system, which is based
on the
law and evidence.»
The story of philo «Semitism is not presented as an alternative way of considering the modern Jewish experience: indeed, as the Rubinsteins show, it arose in large part in response to worldwide persecution and violence against Jews»
from the infamous Damascus «blood libel,» to the institution of anti «Jewish
laws in Italy, to pogroms in Russia, to the Dreyfus
case, and
on into the Nazi era.
The exchange of one israeli soldier for1000 prisoners in this
case mostly terorists with blood
on there hands has nothing to do with the fact of Gilad being jewish, the israely governement, army and people has been supporting anybody willing to help us in getting any soldier
from the israely army missing in actoin dead or alive back home this is an unwritten
law of the idf that every father and mother in israel knows.
In 2007 the Committee used the same justification to attack Honduras» restrictive abortion
laws, recommending «that the State party consider reviewing the
law relating to abortion with a view to identifying circumstances under which abortion could be permitted, such as therapeutic abortions and abortions in
cases of pregnancies resulting
from rape or incest, and removing punitive provisions imposed
on women who undergo abortion, in line with the Committee's general recommendation 24...»
«The Fair Labor Standards Act provides employees the ability to join forces in a «collective action» and seek justice
from large corporations that they could not afford to bring
on their own,» said David Lichter, a co-founder and partner of Higer Lichter & Givner, one of the
law firms representing plaintiffs in this
case.
My father in
law saw a
case of meningitis
on his peds residency
from a baby eating food a dog had licked.
The advice
from the Lombard village attorney and an outside consulting
law firm has prompted the village to drop its effort to impose five impact fees and to negotiate instead with developers
on a
case - by -
case basis, said Lombard Planner Thomas C. Koenig.
Article II, Section 1, Clause 6 In
Case of the Removal of the President
from Office, or of his Death, Resignation, or Inability to discharge the Powers and Duties of the said Office, the Same shall devolve
on the Vice President, and the Congress may by
Law provide for the
Case of Removal, Death, Resignation or Inability, both of the President and Vice President, declaring what Officer shall then act as President, and such Officer shall act accordingly, until the Disability be removed, or a President shall be elected.
While the government in some limited
cases can legitimately place restrictions
on the public's right to access certain information, attempts of the Nigerian authorities to justify the total closure of information related to the names of public officials
from whom funds were recovered
on the basis of «ongoing criminal investigation» and «presumption of innocence goes far beyond the limitations allowed under international
law, and would promote secret recoveries.»
In a
case that could have wide - ranging national significance for gay rights, a federal appeals court in New York ruled that a landmark civil rights
law bars employers
from discriminating against their workers based
on sexual orientation.
A sample of 250 Leandra's
Law convictions in Suffolk
from January 2010 to May 2015 found that in 12
cases, the county's probation office did not notify Suffolk prosecutors in a «timely fashion» of «negative activity» recorded
on the interlock device, such as failed alcohol tests or attempts to tamper with the device.
The U.S. Justice Department has filed court papers in a New York
case arguing that a major federal civil rights
law does not protect employees
from discrimination based
on sexual orientation, taking a stand against a decision reached under President Barack Obama.
In its decision regarding Silver's
case, the appeals court ruled in 2017 that the definition of official corruption provided to the jurors differed
from the one used by the U.S. Supreme Court when it overturned the corruption conviction of former Virginia Governor Bob McDonnell, and so it was possible the jury could have ruled differently had it been instructed
on the updated definition of the
law.
Left
on the table
from last session is a
law establishing a permanent special prosecutor for
cases involving civilian deaths at the hands of police.
Schumer has previously said he believes the timing of the
case will help Democrats, based
on the idea that if the court upholds the
law this summer it will blunt conservative objections, and if the court strikes it down, it removes the issue
from the campaign.
The only winning
case on this issue came in 1983
from the Alaska Supreme Court, which in Vogler v Miller struck down the old
law requiring a party to poll 10 % for Governor to remain
on the ballot.
Rep. Diana DeGette, D - Colo., watches at right as her Co-Chair of the Pro-Choice Caucus, Rep. Louise Slaughter, D - N.Y., speaks during a news conference
on Capitol Hill in Washington, Tuesday, March 25, 2014, to discuss in the Supreme Court
case on whether corporations have religious rights that exempt them
from part of the
law that requires coverage of birth control for employees.
The «
case or controversy» clause of the Constitution prohibits the courts not only
from rewriting statutes, but
from even issuing an advisory opinion
on whether a
law or action would be Constitutional were it to be implemented.
Libous was forced
from office last week after he was convicted
on a charge of lying to federal
law enforcement in a
case stemming
from his son receiving a job at a politically connected
law firm in Westchester County.
On Wednesday, Republican Tom Libous, the deputy majority leader, was ousted
from his Senate seat after he was convicted of lying to the FBI in a
case stemming
from his son receiving a job at a politically connected
law firm.
Libous was removed
from office last year after he was convicted
on a single charge of lying to the FBI stemming
from a
case involving his son receiving a job at a politically connected
law firm in Westchester County.
Convicted ex-state Sen. John Sampson was too «embarrassed» to admit he'd been suspended
from practicing
law when he was caught wrongfully appearing
on a Family Court
case, according to court...
The government's
case will focus
on how prosecutors say Mr. Silver, who is no longer speaker but is still in the Assembly, carried out two secret schemes through which he collected nearly $ 4 million in illicit payments through two
law firms, while maintaining the income came
from legitimate legal work.
There was talk that Raffa was an arsonist and his beating a mob hit; that five gallons of kerosene had been found in his car and had somehow disappeared
from the station house; that «every cop in Brooklyn» knows the name of Raffa's assailant but higher - ups refuse to arrest him; that the car containing the combustible evidence was driven away
from the scene by Cuomo's detective - bodyguard, who's a relative of the Cuomo family; that the police reports (DD5s)
on the
case were missing
from headquarters; and that the governor was at the scene shortly after the incident and had used state troopers to erase any evidence of his father - in -
law's possible criminality.
The Sultan Ibrahim Dasuki Progressive Association (SIDPA), for and
on behalf of the entire members of Sultan Dasuki family, wish to request the Federal Government, under the leadership of Muhammadu Buhari, to respect the rule of
law in the
case of our son, brother and cousin and the former National Security Adviser (NSA), Col. Sambo Dasuki (rtd) to release him
from detention
Courts have generally held that due to this dual nature tribes have immunity
from federal civil
cases, most of the time, and are not subject to
laws of States the reservation is
on.
He said, «The trial judge distinguished the Lagos State
case from the present one, and held that whereas the court of Appeal so held against Lagos State environmental sanitation days
on the ground of same not being a creation of
law thus could not be enforced against the plaintiff therein, whereas the Oyo State environmental sanitation days are held pursuant to the provisions of the Oyo State Environmental Law of 2012, 2015, and regulations made thereunder, making the Oyo State exercise legal and constitutional unlike the scenario created in the Lagos ca
law thus could not be enforced against the plaintiff therein, whereas the Oyo State environmental sanitation days are held pursuant to the provisions of the Oyo State Environmental
Law of 2012, 2015, and regulations made thereunder, making the Oyo State exercise legal and constitutional unlike the scenario created in the Lagos ca
Law of 2012, 2015, and regulations made thereunder, making the Oyo State exercise legal and constitutional unlike the scenario created in the Lagos
case.
Given the «apparent ambiguities» presented by the
case, Vance also called
on the legislature in Albany to «clarify the Election
Law to prevent workarounds that might undermine the purpose of contribution limits,» and to prohibit third parties
from «orchestrating the flow of contributions.»
In pet - related legislation, the governor vetoed a bill that would have exempted hunting dogs
from the definition of pets illegally «running at large,» a change that Cuomo said could create hassles for property owners confronted by hunting dogs
on their land and local
law enforcement who would have to respond to such
cases.
Jim Cohen, a Fordham criminal -
law professor, noted that Bharara's office probably anticipated issues about the honest - services charges right
from the start, and fully vetted their
case to stand up
on appeal.
«I guess Mr. Yassky doesn't think that Pace
Law School deserves his full - time attention, or that anyone might care that all the time he spends making the
case that he should be picked for the vacant seat by party bosses is time he could spend
on improving things at the
Law School,» according to an email
from an ATL tipster.
From the perspective of the ICRC, Tidball - Binz explores the principles behind international humanitarian
law and forensic investigations, relying
on case studies and experience to establish recommendations and best practices.
From a bank of computers at a small - town library to mammoth
case -
law books piled
on wooden tables at a university, today's libraries must straddle the analog and digital worlds.
In the
case of patent
law, the consensus, apart
from the obvious prerequisites of writing skills and the ability to work independently (or, of course, knowing the hiring partner since childhood), was that I should take and do well
on the LSATs and pass the patent bar.
Alvaro Bedoya of the Georgetown University
Law Centre in Washington DC says this happened in the face of complete inflexibility
from industry players when trying to agree
on correct conduct in the simple, hypothetical
case above.
Simon, a professor of
law and psychology at the University of Southern California, says that the false conviction rate, based
on exoneration data
from capital murder
cases, is estimated to be near 5 percent, although that figure represents only a fraction of those wrongly imprisoned.