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 legal doctrine

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While the legal doctrine has served to protect states, it has also blocked justice from being pursued and stopped states from facing consequences for wrongs they have committed.
The assignee argued the IPR should not have been instituted based on the legal doctrine of "assignor estoppel" that prevents an assignor of a patent from attacking the validity of the patent it assigned.

To constrain states' use of the death penalty, the Court has developed four major legal doctrines: narrowing, requiring states to limit the kinds of murders for which the punishment is death; proportionality, limiting the types of criminal offenses and ...
A group of 45 prominent conservative law professors, practicing lawyers, and other legal experts wrote an open letter opposing Trump.
This right to self protection is not codified normally, but is a legal doctrine based upon case law from previous court rulings.
If you listen to the noise on the arrest of the judges, you would hear the Nigeria Bar Association and similar heavyweights who argue about human rights, legal doctrine, warrants of arrest, distinct roles of DSS and National Judiciary Council on ...

Tony Capizzi: Juvenile courts were first established in 1899, when legal doctrine established the principle that children are not simply "little adults.
Tony Capizzi: Juvenile courts were first established in 1899, when legal doctrine established the principle that children are not simply "little adults.
'Looked at in terms of parliamentary sovereignty, the legal doctrine of parliamentary sovereignty is the ultimate legal fact on which the UK's Constitution and system of laws is based.
The act also narrows the scope of the legal doctrine of sovereign immunity, making it possible to allow claims against a foreign state or official for death, injuries and damages as a result of an act of international terrorism.
The common law doctrine of stare decisis is one of the most prominent legal doctrines in American jurisprudence. We learn during our first year of law school that stare decisis requires courts and litigants to follow legal precedent.
That mistake, said Spanos, was the fact that Peoria County had sanctioned mining at the site by approving a special-use permit when the present owners purchased the land in 2007.
In a lawsuit filed Oct. 5 in Maricopa County Superior Court, the Goldwater Institute says the same legal doctrine should apply to Green Bee Produce in Scottsdale, where the city has repeatedly blocked the market's requests for more roadside signs ...
... masquerading as a creative choice, while wrapping itself in the protections afforded by "fair use" legal doctrine (you're allowed to reproduce the work of others by claiming it's in the service humorous commentary, hence the word "parody" in the ...
In short, the lawsuit in its current incarnation involves "too many moving parts" when "time is of the essence," Shaffer said, and he is looking for a way to manage the case efficiently while adhering to proper legal doctrine. "I'm sure I'm not the ...
If we're going to survive the climate crisis, we need to find better ways of making nature count in our economic system. Here's a novel one: give nature its own rights.
The U.S. employment-at-will legal doctrine allows a private sector employee to quit at-will and to be fired at-will. An employer may terminate private sector employment for arbitrary and irrational reasons, provided the termination does not violate ...

President Barack Obama vetoed the bill, arguing it would not only undermine strong diplomatic relations with Saudi Arabia, but it would also weaken the long-standing tradition of sovereign immunity: the legal doctrine that no foreign nation can be held ...
prosecutors are a dangerous bunch. They are protected by obscure legal doctrines that grant them absolute discretion for the cases they bring and almost absolute immunity for their conduct in prosecuting those cases.
CHARLESTON - District Judge John T. Copenhaver has ruled that local workers who lost only their wages during the January 2014 chemical spill and the water crisis that followed won't be able to continue their lawsuits against West Virginia American Water.
JASTA chips a small chunk away from the legal doctrine of "sovereign immunity," which guarantees that governments are immune from criminal or civil prosecution.
The legal doctrine refers to the Supreme Court decision in a case filed against National Artist for literature Amado Hernandez.
During questioning from his lawyer Marcus Mumford, Bundy had detailed the "improvements" he and his fellow occupiers made to the refuge in line with their belief that they could claim the deed to the federal property through the legal doctrine of ...
Chase Foundations includes reviews of key legal doctrines during the final two years of law school, and students must pass two bar exam-style tests in order to graduate.
The second incident was the use of "conclusive presumption" - a legal doctrine that provides that the bailout of the Detroit Pubic schools could not be overturned by a judge unless a legal challenge took place within days of the law being enacted - an ...
Fulton County filed a motion to dismiss the lawsuit based on "sovereign immunity," the legal doctrine that shields governments from being sued.
The appeals court, like Friedman, said the retirees' claims were subject to "equitable mootness," a legal doctrine intended to prevent some bankruptcy reorganizations from being undone, which could harm those who agreed to them in good faith.
We pledge to continue gathering and analyzing data that identifies discriminatory police practices and advocating for legal doctrines that protect the rights of people who have been the subject of such practices. We will continue providing legal ...
The second incident was the use of "conclusive presumption" - a legal doctrine that provides that the bailout of the Detroit Pubic schools could not be overturned by a judge unless a legal challenge took place within days of the law being enacted - an ...
Oracle Corp.'s latest appeal for a new trial in its long-running copyright infringement lawsuit against Google has been denied.
The four-page measure carves out a new exception to sovereign immunity -- the legal doctrine that protects foreign governments from lawsuits -- if a plaintiff claims to have suffered injury in the U.S.
In the absence of an express declaration, your relief will lie within one of three legal doctrines: resulting trust, constructive trust and/or proprietary estoppel.
Initially, the abovementioned restriction contained in Article 116 was generally recognised by Polish legal doctrine as being compliant with EU law and, in particular, the EU Directive on the legal protection of designs6 (the Directive) on the basis ...
The jury decided that Google's not guilty of any kind of wrongdoing and that its usage of Java APIs fell under the legal doctrine of fair use. Not surprisingly, Oracle's lawyers were far from pleased with this outcome given how they were suing for up ...
Its new owners co-head the Rawlings Group in Kentucky, which specializes in helping health insurers recoup costs through a legal doctrine called subrogation. George Rawlings also played in and owned the Crab Orchard polo team, which was retired two ...
Moore moved himself into that house, and filed paperwork with the Cook County Recorder of Deeds, claiming the house as his own under a legal doctrine called adverse possession, which is like squatters' rights. "Adverse possession is a way to obtain ...
Vilsack - for agriculture Secretary Tom Vilsack - as a chance to topple or at least scale back a 20-year-old legal doctrine under which courts give deference to agency interpretations of rules. Named for a 1997 Supreme Court case, Auer v. Robbins ...
Legal experts mocked Trump's phrase "irresponsible intent," which sounds like a legal doctrine but isn't. Perhaps Trump meant "reckless disregard" for the truth, which, along with malice, must be proven by a libel plaintiff under the precedent set by ...
This means that they rigidly adhere to the legal doctrine of separation of federal and state powers. The feds scrupulously defer to local authorities to bring charges.
Legal experts mocked Trump's phrase "irresponsible intent," which sounds like a legal doctrine but isn't. Perhaps Trump meant "reckless disregard" for the truth, which, along with malice, must be proven by a libel plaintiff under the precedent set by ...
Although the issue of blockchain and cryptocurrencies remains virtually untouched by Polish case law and legal doctrine, it has been rightly argued that private contracts whose subject matter is bitcoin cannot be held invalid just for this reason, as ...
The implied false certification is a legal doctrine under which when a claimant submits a claim for payment the claimant impliedly certifies that it has complied with certain laws and regulations even though the claim is factually accurate and contains ...
In the wake of the suicide, some local lawyers contended that a legal doctrine known as "abatement" could lead to the permanent sealing of the criminal charge.
The alternative to riparian system is the legal doctrine of prior appropriation, which was adopted in most of the western states of North America owing to their aridity and acute water scarcity.
But this alleged conflict of interest is a fake legal doctrine. On the contrary, it would violate human rights to block someone from government service because of his political beliefs or past affiliations.
The legal doctrine that "first in time is first in right" applies strictly only to water in Western states like Idaho, but it underlies most land-use regulation across the country.
Business law and regulatory cases touch on many important legal doctrines and can have far-reaching effects. Understanding the basis on which the Supreme Court decides business-related cases is of tremendous importance to practitioners and academics, ...
Accordingly, he has very few of the qualifications typically held by a judicial nominee and is unlikely to have the same grasp on legal doctrine as a professional lawyer or judge. Indeed, in 2012, the conservative Federalist Society asked Thiel to ...
A legal doctrine known as abatement by death allows a felon's estate to move to have such a conviction vacated. According to court documents recently filed by Assistant United States Attorney Benjamin Allee, "...the government consents to the ...
The court also heard about adverse possession - essentially taking over land and acting like it's your own so it legally becomes yours.


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