Schema-Root.org logo

 

  cross-referenced news and research resources about

 legal doctrine

Schema-Root.org logo
images:  google   yahoo YouTube
spacer

updated Thu. April 5, 2018

-
A fair-minded judge must try to do his or her best to apply legal doctrines to factual disputes in circumstances that are often tense and uncertain. The best judge is a judge focused solely on the ... Is he truly ignorant of the legal doctrine known as third-party culpability? Did he read the record of the habeas ...
Java was developed by tech firm Sun Microsystems which was acquired by Oracle in 2010. Google denied any wrongdoing. It argued that its use of Java is protected by the legal doctrine of "fair use", which permits copying in some circumstances. In 2012, the companies took the issue to court but the jury ...

“Nevertheless, courts continue to rely on 100-year-old legal doctrine when determining whether to hold teams liable for spectator injuries resulting from errant balls or bats.” About 1,750 fans are hurt each year by foul balls at MLB games. That's about two injuries for every three games, and that's more ...
With surprising frankness, the White House has laid out a plan to fill the courts with judges devoted to a legal doctrine that challenges the broad power federal agencies have to interpret laws and enforce regulations, often without being subject to judicial oversight. Those not on board with this agenda, the ...
Police should draw lessons from last week's disturbances which claimed two lives in Harare and implement acceptable ways of handling difficult situations, Home Affairs and Cultural Heritage Minister Dr Obert Mpofu has said. Addressing senior police officers in Harare yesterday, Dr Mpofu said political ...
When you engage the public bear in mind the legal doctrine that says 'It is better that 10 guilty persons escape than one innocent person suffers.” He added: “The police derives its mandate from the people. The police comes from the society, from society you belong and you shall return. Never, therefore ...

The Georgia House voted 177-0 on Wednesday to approve House Bill 791, which allows a limited waiver to the legal doctrine of sovereign immunity that protects governments from being sued without their consent. If the bill also passes the Senate, residents could ask a judge to stop government officials ...
In a series of articles I wrote in October and November last year, I documented how complacency with our God-given rights had officially ushered in the era of post-Constitutional America. This ignorant thinking has created an environment of government dependency that serves as the perfect breeding ...
The Second Circuit Court of Appeals broke from their legal tradition in a decision on Monday that ruled that discrimination based on a person's sexual orientation qualified as sex discrimination under Title VII of the Civil Rights Act. Title VII clearly prohibits employment discrimination based on sex, race, color ...
Purdue Pharma, the maker of Oxycontin, revolutionized the opioid industry through aggressive marketing tactics that encouraged the widespread use of prescription painkillers. That part, by now, is well known, as an out-of-control opioid epidemic ravages a generation of young people with such potency ...
According to Guidry, the legal doctrine of judicial immunity was to create a “free and independent judiciary” for the purpose of maintaining the public's confidence in the judicial system. But the allegations in Palowsky's lawsuit eroded the public's confidence in the judiciary and its ability to fairly oversee the ...
The insurance company based its claim on a legal doctrine in which an individual is assumed to have been negligent because the person had exclusive control over the incident that caused the injury or damages. The City of Rapid City owns and manages the water system that supplies water throughout ...
Pai may benefit from a legal doctrine that gives regulatory agencies the benefit of the doubt in legal questions. The so-called Chevron deference was named after the 1984 U.S. Supreme Court case that birthed the concept. Eliminating the regulations frees broadband providers to begin charging websites ...
20, the New York State Court of Appeals declared that LIPA and NG's claim to be immune from liability under the legal doctrine of governmental immunity didn't make the cut. “We reject defendants' claim that the magnitude of the disaster, without reference to the circumstances and nature of the specific act ...
Due process isn't some arcane legal doctrine, inaccessible to all but the most well versed lawyers and legal scholars. Due process is a basic legal premise for all Americans meant to ensure that every citizen receives fair treatment in the judicial process. Only one right is specifically detailed twice in the ...
Purdue Pharma, the maker of Oxycontin, revolutionized the opioid industry through aggressive marketing tactics that encouraged the widespread use of prescription painkillers. That part, by now, is well known, as an out-of-control opioid epidemic ravages a generation of young people with such potency ...
The result has been languid opinions and squishy legal doctrine in the arena of standing, where only precision and intellectual rigor ought to prevail. No case better exemplifies this unfortunate era of judicial abdication than the Eleventh Circuit's flubbed-and-yet-often-cited-unpublished-nightmare-opinion of ...

The cameras—which cost about $300 each—are monitored 24/7 by a number of agencies working in portal security, according to the website. In court filings about the case, Texas officials claimed qualified immunity, a legal doctrine that protects law enforcement officials, Ars Technica reported.
Pai may benefit from a legal doctrine that gives regulatory agencies the benefit of the doubt in legal questions. The so-called Chevron deference was named after the 1984 U.S. Supreme Court case that birthed the concept. Eliminating the regulations frees broadband providers to begin charging websites ...
According to Guidry, the legal doctrine of judicial immunity was to create a “free and independent judiciary” for the purpose of maintaining the public's confidence in the judicial system. But the allegations in Palowsky's lawsuit eroded the public's confidence in the judiciary and its ability to fairly oversee the ...
The history of the law shows that legal doctrines, as first expounded, often prove to be inadequate under the impact of later experience. In such case, the need for justice has stimulated the necessary qualifications or adjustments.” This history demonstrates that unlike the Kentucky court in the Clark case, ...
Indirect lenders with disparities in their portfolio may be liable under the legal doctrines of both disparate treatment and disparate impact, CFPB stated. The Dec. 5 GAO report stated that “the Bulletin advises the public prospectively of the manner in which the CFPB proposes to exercise its discretionary ...
According to longstanding legal doctrine, government may only restrict such rights in the gravest and most pressing cases (“compelling government interest” is the usual legal phrase), and even then it must use the least restrictive means possible. Since a few non-conformist wedding vendors declining to ...
That's because of sovereign immunity, or crown immunity, which is a legal doctrine stating that the sovereign or state can't commit a legal wrong, and is therefore immune from criminal prosecution. She also doesn't have to have a driving licence to be able to drive. Credit: PA Images. "As a British passport is ...
The goal isn't to tell people whether they could win a case in court, but rather to empower women with confidence grounded in legal doctrine. If a user of the bot wants to report an incident to an appropriate authority, be it police or an HR person at work, the bot can generate an incident report. The sexual ...
GREENWICH — A lawsuit filed by the family of Bart Palosz, the 15-year-old Greenwich High School student who committed suicide after the first day of his sophomore year in 2013, could be placed on hold as a state court determines whether the public school system is legally immune to its claims. At issue ...
At question is whether cellphones have activated a new era of privacy expectations, in essence, whether legal doctrine needs to be subject to updates for the digital age. One tenet that no one questions is that cell phone users have no idea to what extent their phone companies know where they go and ...
The motion and Bruce's ruling relied heavily on a legal doctrine that says federal courts should refrain from taking on cases over which another court also has authority. Bruce noted that legal precedents stated that the legal doctrine, called "comity," has "particular force" on issues of state tax laws.
Apparently the editorial writer attended a secret law school teaching an unknown legal doctrine: I could have written a law forcing city officials to ...
The plaintiffs in the Connecticut case are trying to circumvent that law by using the legal doctrine of negligent entrustment, which is a loophole ...
... its officials are shielded from litigation under the legal doctrine of sovereign immunity, rooted in a centuries-old English principle that “the king ...
... law enforcement and privacy, and raises tough questions about how to apply old statutes and legal doctrines to modern technologies.".
... is not the same as corruption, and that Menendez's actions on behalf of a friend are protected by several legal doctrines and precedents.
... on complex problems, but his ideas are deeply formed by a scholar's respect for the historical and theoretical underpinnings of legal doctrines,” Reagan said.
Generally, the legal doctrine of "sovereign immunity" protects government entities like the military from being sued for negligence and money ...
... Right to Privacy a Constitutional Protection, the Indian Judiciary along with government has laid down laws and legal doctrines whose impact ...
SDG&E decided to settle the suits in part because under a legal doctrine called “inverse condemnation,” utilities in California can be held liable ...
Today, Stetson leads the nation in blending legal doctrine with practical training, evidenced by its top-ranked programs in advocacy and legal writing. Through ...
... references to the anomalies in laws, controversial legal doctrines and incidents of miscarriage of justice are going to be further elaborated to ...
The long-hoped-for, much-assumed, anxiously awaited reunion between coach and old college quarterback looks to be a signature away from ...
Much of the conference call focused on what the utility's exposure might be under the legal doctrine of inverse condemnation as it has been ...
Along with increasing the size and scope of the executive branch was the development of legal doctrine stipulating that courts are to defer to a ...
The town of Sudbury “mischaracterized and misapplied” a rarely used legal doctrine when it attempted to block Eversource from leasing an ...
The questioning of debt repayment has led to the development of the legal doctrine of odious debt, which permits odious debt to be identified ...
Judge McFadden's dissent is interesting in its approach and noteworthy for its tackling of a growing legal doctrine. However, it is ultimately a ...
Keith clerks had to understand that legal doctrine is animated by the hopes and strivings of real people who entrust their most important affairs ...
There is no right of appeal against a refusal of a U.S. visa, including a DV visa. A legal doctrine prevents U.S. courts from determining whether ...
This is a law blog so let's look at the legal doctrine of exhaustion of rights or “first sale principle”. The basis of the exhaustion of rights doctrine is ...
But Sheridan accepted the arguments of an attorney for the CSB who said it should be protected by the legal doctrine of sovereign immunity, ...
This question was litigated and decided by the U.S. Supreme Court in 1992 and is known as the legal doctrine of the “heckler's veto.” Although ...


 

news and opinion


 


 


 


 


schema-root.org

   control
    law
     courts
       legal doctrine
         estoppel
         law of the case
         legal defense
         res judicata

legal courts:
       legal doctrine
       orders
       secret