The court assumes that having two jurisdictional statutes employ the same jurisdictional test is necessarily the more straightforward and administrable option.
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To be sure, there is some simplicity in limiting the number of jurisdictional tests: This is simplicity through uniformity in jurisdictional tests.
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This gives America's Treasury great punitive power and jurisdictional reach.
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"Victims often get victimized twice by jurisdictional issues," Berry says.
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The court reversed the jury verdict due to jurisdictional issues.
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Ironically, the court insisted its choice simplified the jurisdictional calculus.
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For one thing, the court majority's claim that state-law federal-question jurisdictional analysis "provides ready answers to jurisdictional questions" is — even after the court's recent attempts to clarify the standard — dubious at best.
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Despite the preference of many commentators for bright-line jurisdictional rules, the Supreme Court has for many decades woven a jurisdictional complexity into the fabric of so-called "federal-question jurisdiction" of the federal courts.
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But that wasn't the only jurisdictional theory the state justices rejected.
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Castro-Stops thinks the issue runs much deeper than jurisdictional quagmires.
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That, they say, could undermine their jurisdictional objections to his rulings.
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"There is an interesting constitutional, jurisdictional issue there," Pound told Reuters.
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The trouble is, too many inter-jurisdictional tax games are legal.
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An earlier version filed in Maryland was dismissed on jurisdictional grounds.
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Malaysia, the Philippines, Taiwan, Brunei and Vietnam have competing jurisdictional claims.
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This arrangement, according to Mr. Ratcliffe, amounts to a jurisdictional violation.
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Patterns of tribal sovereignty being undermined and jurisdictional borders being crossed.
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Cybersecurity threats cut across the jurisdictional lines of permanent congressional committees.
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Since a jurisdictional inquiry is ancillary to the substantive legal dispute, it makes sense to have more resources — both of the judicial system and of litigants — devoted to resolving the substantive dispute than the jurisdictional inquiry.
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But even if anonymity didn't protect the site, global jurisdictional issues might.
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Fidelity is expanding the jurisdictional coverage of where it can do business.
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The 22nd Circuit's jurisdictional analysis leaves a lot of room for interpretation.
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Ajit Pai's FCC could run face-first into the same jurisdictional challenges.
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I'd also want to put a marker down on cross-jurisdictional projects.
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Those markets are clearly "interstate," which puts them outside of state jurisdictional reach.
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Not only is it a jurisdictional, but it's: Who's going to fund it?
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Ocasio-Cortez and other Democrats were quick to dismiss suggestions of jurisdictional tension.
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There has been cross-jurisdictional harmonization through mutual recognition in the international context.
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They filed endless procedural and jurisdictional objections, burying Potter and Fisher in paperwork.
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Telemedicine presents a myriad of cross-jurisdictional challenges when it comes to licensure.
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It also argued that trial courts must resolve jurisdictional challenges early in litigation.
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Because of a union jurisdictional dispute, there are no telephones at the stadium.
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"The workforce is not a jurisdictional issue; it's a regional issue," Rizer said.
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Politico reported that "jurisdictional issues" have thrown a wrench in the works, with Sen.
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Prosecutions for online crime were still relatively rare, stymied by inexperience and jurisdictional issues.
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The case was tossed out over jurisdictional issues and refiled in Los Angeles County.
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After that decision, several district courts dismissed challenges to the rule on jurisdictional grounds.
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That blockchain project addresses how a business can operate in a multi-jurisdictional environment.
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The problem has been the subject of some jurisdictional wrangling on the House side.
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Homeland has no real home: Jurisdictional problems make legislation even more difficult, said Ridge.
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A more lasting, tri-jurisdictional oversight body is in the process of being created.
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Here, however, they were related more often to jurisdictional issues than to substantive law.
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Activists expect an appeal, counting on a stronger case that addresses the judge's jurisdictional concerns.
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There are jurisdictional hurdles as well, since the forests span federal, state, and private land.
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They can offer the justices great help in puzzling through, say, a difficult jurisdictional problem.
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But the House version lacked the same drinking water provisions, due to committee jurisdictional differences.
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A Missouri appeals court tossed out a $55 million verdict in June citing jurisdictional issues.
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This requires innovators to be actively engaged with lawmakers and regulators at all jurisdictional levels.
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The court extended this murky standard beyond its moorings under one jurisdictional statute to another.
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National security is inherently a federal responsibility and cybersecurity attacks do not respect jurisdictional boundaries.
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Making matters worse, whereas application of the standard under the first jurisdictional statute (where it originated) is limited to federal courts seeking to verify their own jurisdiction, the application of the second jurisdictional statute will now invite state courts to confront the standard's morass.
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Seen in this light, this second option is clearly the one that is more straightforward and administrable: Uniformity in outcomes is, at least in the context of jurisdictional questions, of greater value than is a uniform of jurisdictional test that produces unpredictable results when applied.
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|
As things evolve in the communications space, some things are less clear from a jurisdictional standpoint.
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"The plaintiffs' appeal from their voluntary dismissal did not satisfy this jurisdictional requirement," the concurrence said.
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The Trump administration and developer TransCanada argued the lawsuit should be dismissed due to jurisdictional concerns.
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This process is fraught with multistate procedural and jurisdictional issues, which are both costly and complicated.
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|
Funding is highly inconsistent, and federal authority to cut across jurisdictional lines is basically non-existent.
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Encompass's lawyers at Robb Leonard Mulvihill appealed both the jurisdictional and dismissal rulings to the 303rd Circuit.
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|
This jurisdictional tussle over privacy needs to be resolved for the benefit of consumers and companies alike.
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Among the ICC's jurisdictional requirements is that domestic legal avenues to try an individual are first exhausted.
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"The lawsuit is seeking more than $50,000 but that's a jurisdictional requirement for Cook County," he said.
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Jurisdictional experts say it's not necessarily unusual that Homeland Security leadership made a bid for the issue.
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Whatley Kallas has moved to dismiss that suit, highlighting Aetna's jurisdictional gamesmanship in the two-track filings.
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"We have just handled a major investigation that was multifaceted and multi-jurisdictional," Sekulow told the publication.
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|
The partisan divides, jurisdictional squabbles and industry rifts that paralyzed previous bills have also not been eradicated.
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As if all this were not enough, the jurisdictional provision of JASTA concerns rules governing foreign sovereign immunity.
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Since 2012 it has documented more than 1,000 cases of jurisdictional problems online created by governments and courts.
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|
It is unfortunate that AIQ hides behind jurisdictional barriers and does not come here and answer those questions.
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But he said it's "inconceivable" to him that a lower court would toss the case on jurisdictional grounds.
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|
Brown's lawyer Scott Braum welcomed the decision, saying gun dealers deserve the same jurisdictional protections as anyone else.
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The lawyer representing New York state urged Nichols to rule on the jurisdictional arguments on an expedited schedule.
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On Thursday the Senate Judiciary Committee, with bipartisan support, approved the Foreign Cultural Exchange Jurisdictional Immunity Clarification Act.
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As a practical matter, delaying that jurisdictional reckoning until after class certification is a boon to class counsel.
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|
Whole Foods asserted the jurisdictional argument in a motion to dismiss, which was denied in the trial court.
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The bill would solve some of the jurisdictional issues associated with swatting by making it a federal crime.
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These jurisdictional offsets are now part of California's tropical forest standard for its statewide cap and trade system.
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It merely mitigates the effect of state policies on wholesale markets (thus, they claim, not crossing jurisdictional lines).
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Other times, cases get lost in a confusing web of jurisdictional conflicts between tribal, local and state police.
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" It continues, "These actions sufficiently and constructively qualify as state action for purposes of First Amendment jurisdictional authority.
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There are also the DC charges against Manafort, which are being brought against him separately for jurisdictional reasons.
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|
Cybersecurity is the ultimate cross-jurisdictional challenge, and we must take a comprehensive approach to meet this challenge effectively.
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|
Only a select committee that is time-limited, cross-jurisdictional, and purpose-driven can address the challenge of cyber.
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Democrats and Republicans must work together, and across the jurisdictional lines of the Congress, to address this unique challenge.
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|
It is the second major talc case the Missouri high court has stayed in recent weeks on jurisdictional grounds.
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We have hundreds of financial regulatory agencies at the state and federal levels, with complex jurisdictional gaps and overlaps.
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|
Only two senators believed him to be innocent, but the jurisdictional questions over the fact of his resignation prevailed.
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There's the jurisdictional one: How can the state's shared resources, from public universities to water supply, be fairly allocated?
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|
But in January 2017, the Supreme Court granted a petition for certiorari to review the Sixth Circuit's jurisdictional determination.
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|
They argued that Cordray's CFPB routinely overstepped legal and jurisdictional boundaries and prized flashy, expensive fines over consumer freedom.
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|
The 10 provinces have broad jurisdictional powers, which means Ottawa can only intervene if formally asked to do so.
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|
In the backdrop to the jurisdictional fight over the ships is a quiet battle over who owns the Arctic.
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|
Investigations can also be a jurisdictional maze, depending on which agency an assault is reported to, Ms. Palumbo said.
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|
Jurisdictional infighting and intense lobbying from industry ultimately scuttled Congress' efforts to deal with surprise medical bills this year.
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|
Manning — the Supreme Court expanded the scope of a jurisdictional standard that has flummoxed lower courts and lawyers alike.
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|
February 133, 2017 - A Maryland judge dismisses Trump's defamation lawsuit against British newspaper The Daily Mail on jurisdictional grounds.
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Presumably this is to settle any jurisdictional dispute there, though the FTC may still come into play here and there.
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|
The plaintiffs in the lawsuits are seeking a "a sum in excess of jurisdictional limits," in addition to legal fees.
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|
"Ancestry challenged the warrant on jurisdictional grounds and did not provide any customer data in response," the transparency report said.
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|
This was the beginning of a jurisdictional negotiation that would last for decades — and is still in full swing today.
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|
"While there is a need to demand respect of jurisdictional boundaries, I could never condone violence against officers," he said.
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|
The same data was previously withheld from law enforcement investigators by the FCC's top lawyer citing jurisdictional and privacy concerns.
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|
He was researching obscure jurisdictional gray areas when he found a reference to the unusual jurisdiction of Yellowstone National Park.
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Johnson & Johnson has been arguing that there are jurisdictional issues in those cases, as the plaintiffs lived out of state.
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|
But unlike its Senate counterpart, the House bill does not include money for Flint due to a committee jurisdictional issue.
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|
True, Judge Kavanaugh dissented from a 2011 decision upholding the health care law, but he did so on jurisdictional grounds.
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|
The wreck of a second ship, the HMS Terror, is still missing, but the jurisdictional quarrel includes that ship, too.
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|
In early 903, the United States District Court for the District of Columbia dismissed the Keys suit on jurisdictional grounds.
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|
The updated criteria retain the primacy of existing jurisdictional caps, while Fitch changed the reference data when determining country groupings.
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This signing has no jurisdictional basis, but this is what the company is trying to force the families to do.
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|
" They continued, "Only a select committee that is time-limited, cross-jurisdictional, and purpose-driven can address the challenge of cyber.
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The Eighth Circuit in Hawkes held that jurisdictional determinations were reviewable in court, whereas the Fifth Circuit in Belle Co v.
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A copyright owner can bring a copyright infringement suit in a U.S. district court upon satisfying a number of jurisdictional requirements.
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But because of the multi-jurisdictional nature of this program, it's unclear whether law enforcement authorities will investigate Ripley as well.
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"Whitaker's designation neither alters the Special Counsel's authority to represent the United States nor raises any jurisdictional issue," the prosecutors wrote.
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The House's driverless car measure also does not include trucks, due to jurisdictional issues with the committee that wrote the bill.
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The Fox case was reversed on jurisdictional issues: The plaintiff lived in Alabama, and Johnson & Johnson is based in New Jersey.
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|
The California TFS would back much larger conservation programs in tropical forest nations, whether jurisdictional, state-wide or national, he added.
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Those important components are included in Warren's proposal, but she also goes further, promising to fix critical jurisdictional limitations as well.
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|
An additional $48 million was awarded to the national network of state, territorial and jurisdictional humanities councils for educational outreach programs.
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|
One of the biggest ideas the Department of Education and Labor merger actually doesn't get involved in jurisdictional battles on the Hill.
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|
But only one of those cases involved a woman from Missouri, leading many of the cases to be tossed on jurisdictional grounds.
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|
If the court decides to tackle that threshold jurisdictional issue itself, it will probably order supplemental briefing within the next few weeks.
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|
The Chicago Blackhawks quickly reinstated prospect Garret Ross yesterday, after Illinois prosecutors dropped criminal charges against him due to a jurisdictional technicality.
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Often referred to as the thin blue line, police officers share a subcultural bond with each other that knows no jurisdictional bounds.
|
|
Coupled with inflationary enforcement, jurisdictional overreach, and the claw back of well-settled rules, the Wheeler FCC found little favor with industry.
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|
Some issues — such as encryption — have become the object of jurisdictional wrangling amongst multiple committees who see the issue as their bailiwick.
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|
And like Clizbe, he noticed the strange jurisdictional confusion in Simmons's résumé as well as the suspicious diversity of tasks and locations.
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"You can say 'international criminal organization' and that makes intuitive sense... Here you're talking about the violence itself transcending international jurisdictional boundaries."
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|
Manhattan Supreme Court Justice Jennifer Schecter dismissed the case on jurisdictional grounds, finding the defendants had no meaningful connection to New York.
|
|
In 2011, Judge Kavanaugh dissented from a decision upholding President Barack Obama's health care law, but he did so on jurisdictional grounds.
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|
And unlike the HUAC in Watkins, Ways and Means is acting with a legitimate congressional purpose and within its clear jurisdictional authority.
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|
Class action defendants must now pin their hopes of reining in class actions with Bristol-Myers jurisdictional arguments on the 9th Circuit.
|
|
"Only a select committee that is time-limited, cross-jurisdictional and purpose-driven can address the challenges of cyber," the lawmakers wrote.
|
|
In addition to the data crisis, offenders often face zero consequences due to complex jurisdictional issues between tribal, state, and federal governments.
|
|
However, there is also simplicity in limiting the scope of complex, unpredictable jurisdictional tests: This is simplicity through greater uniformity in outcomes.
|
|
It's the result of the complex history, regime dynamics, and jurisdictional framework of the international laws governing Antarctica and the Southern Ocean.
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|
"Eventually, some other governments will embrace token sales and crypto in general, creating jurisdictional competition, and forcing the incumbents to be reasonable."
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|
Second, because it is a federal statute, prosecutors must prove a "jurisdictional" element, such as travel by the defendant across state lines.
|
|
Private blockchain architectures are challenged by multi-jurisdictional transaction mechanisms, requiring data to be transferred among participants holding distributed ledgers in different countries.
|
|
She acts for both corporations and individuals on an array of complex, multi-jurisdictional white collar crime and regulatory investigations and compliance matters.
|
|
Last week, a Maryland judge dismissed the claims against the Daily Mail on jurisdictional grounds while allowing the lawsuit to continue against Tarpley.
|
|
Equustek, addressing the claim that Canadian courts don't have jurisdictional authority to require the search engine to de-index links to infringing content.
|
|
If lawmakers deflect the issue on spurious grounds, whether jurisdictional or otherwise, they are putting women and the pets they love in jeopardy.
|
|
The Supreme Court ruled that Girone can return to Italy while an international tribunal decides on a jurisdictional issue between India and Italy.
|
|
Plus, because FBI's jurisdictional focus is primarily American law enforcement, not foreign intelligence, it does far more of these searches than other agencies.
|
|
Half of the legal actions that Pruitt joined against the E.P.A. have been either dismissed on jurisdictional grounds or declined on substantive ones.
|
|
Softbank—an international conglomerate from Japan and Uber's largest shareholder—is building a multi-jurisdictional transportation empire with its $20-billion Vision Fund.
|
|
Horgan said his government is retaining legal counsel to pursue the jurisdictional issues in court, but that the process could take several weeks.
|
|
"They kind of escape the jurisdictional grip of the receiving state," explained Jan Wouters, professor of international law at K.U. Leuven in Belgium.
|
|
Mr. Jones (left), 37, is the director of jurisdictional H.I.V. testing initiatives at the New York City Department of Health and Mental Hygiene.
|
|
Rayborn again filed suit, arguing that Kentucky, by voluntarily transferring him to Alcatraz, had relinquished any jurisdictional claims it had to his body.
|
|
The lawsuit also cites property rights, cultural patrimony laws, statutes of limitations and jurisdictional issues as grounds for the sculpture's return to them.
|
|
The move may make it easier to begin projects along jurisdictional waterways and wetlands, according to an analysis by the American Bar Association.
|
|
This is a reminder that there are formal channels that countries use and jurisdictional boundaries that they respect when undertaking investigations like this.
|
|
That distinction, more than the appointment of Mueller, could draw jurisdictional lines around certain witnesses, outside experts with experience in congressional investigations say.
|
|
Some think it may have just been jurisdictional jostling, whereas Republicans suspect Neal was working with Democratic leadership to deliberately tank a solution.
|
|
Hartman's public defender, Parle Roe-Taylor, argued that Cook County did not have the jurisdictional authority to monitor Hartman in neighboring Lake County.
|
|
She said she had filed a request with judges for a jurisdictional ruling because of the contested legal status of the Palestinian territories.
|
|
Another effort at making jurisdictional reforms came in 1979, with the formation of another Select Committee on Committees under the chairmanship of Rep.
|
|
During the decades that followed, an overwhelming majority of states increased the court's jurisdictional age, arguing that 16 was too young a demarcation point.
|
|
A third category would focus on those with "global scale," or assets at $700 billion or more or with $75 billion cross-jurisdictional activity.
|
|
This is the first time that a judge has thrown out evidence gathered during a hacking operation because of jurisdictional issues, according to experts.
|
|
As far reaching as the effects of this bill would be on Americans' privacy and safety, its jurisdictional narrowness is yet another catastrophic flaw.
|
|
Instead, the Scoville petition focuses on the Supreme Court's interest in proper statutory interpretation, and on enforcing the distinction between jurisdictional and merits rulings.
|
|
And only an independent, bipartisan commission can rise above the jurisdictional squabbles and perceptions of partisan bias that inevitably attach to congressional committees' probes.
|
|
Third, although it's true that the courts have not stepped in thus far, the reason is simply that jurisdictional requirements are hard to meet.
|
|
"There is no international standard in this area and the jurisdictional differences between certification regimes, audits and codes are extensive," the LME spokesperson said.
|
|
The fundamental road to health care reform does not involve picking the most favorable government jurisdictional level of the moment to achieve particular results.
|
|
It should also not be overlooked that the "crime of aggression" Bolton is referring to is accompanied by separate, even more complex jurisdictional rules.
|
|
But that's an argument for treating them as a special category of offenders in the adult justice system, not raising the juvenile jurisdictional age.
|
|
The legislation, however, does not contain the same clean drinking water provisions as the Senate version due to jurisdictional differences between the two committees.
|
|
Health Insurance Innovations, in which U.S. District Judge William Hayes of San Diego found that defendants had waived their jurisdictional challenge under Bristol-Myers.
|
|
Hundreds of people were charged in the multi-jurisdictional sting that began in October and involved other massage parlors and day spas in Florida.
|
|
Multi-jurisdictional dealings between Chinese entities and their emerging market counterparts can pose immense regulatory challenges, especially in the realms of financing and execution.
|
|
"Only a select committee that is time-limited, cross-jurisdictional, and purpose-driven can address the challenge of cyber," wrote the bipartisan quartet of senators.
|
|
But he warned that a new Space Force would have its own problems, since jurisdictional battles over which military branch controls what would likely erupt.
|
|
Dozens of lawsuits filed More than 50 lawsuits have been filed since January, though one federal class-action was dropped Tuesday over a jurisdictional issue.
|
|
Several countries, including America, Britain, Canada and Israel, as well the Philippines, are modifying their laws in response to the jurisdictional morass of online horrors.
|
|
It was the Justice Department that first raised jurisdictional concerns in an amicus brief filed in July, after the justices agree to hear the case.
|
|
But the Burr-Feinstein offering has yet to be formally introduced and the McCaul-Warner measure appears stymied by a jurisdictional dispute in the House.
|
|
Pursuant to the Clean Water Act, the Army Corps of Engineers issued a Jurisdictional Determination (JD) that the site contained wetlands regulated under the Act.
|
|
Prosecutors had suggested a nine-year prison term for Sharper under a multiple-jurisdictional plea deal, but Milazzo rejected that as too lenient in June.
|
|
Contributing to the jurisdictional fog around the office is the fact that federal courts have held that the Copyright Office's operations are executive in nature.
|
|
For many months, his lawyers had successfully delayed Fisher's demands to depose him in person, insisting on a variety of jurisdictional, geographic and practical complications.
|
|
When federal courts look at venue or jurisdictional diversity questions, the 7th Circuit said, they consider only named plaintiffs, not unnamed and prospective class members.
|
|
Hudbay lawyers moved to have the case dismissed both because of jurisdictional grounds and because it was "plain and obvious" that the claims would fail.
|
|
Justice Sonia Sotomayor raised another jurisdictional problem: A plaintiff must show that they were injured in some way to challenge a law in federal court.
|
|
TransCanada said it will start construction on the 230 kilometer (2612 miles) gas pipeline in 270, despite a jurisdictional review by the National Energy Board.
|
|
PPW Affirmed: PPW's ratings and Stable Outlook reflect PPW's strong credit metrics, balanced jurisdictional regulatory environment and meaningfully lower estimated capex compared to historical levels.
|
|
We're very pleased to see they've finally come around at the provincial level down to the inter-jurisdictional license framework that we're now putting forward.
|
|
It was not immediately clear under what jurisdictional basis the legal claims would be made and whether governments involved would have to first agree to arbitration.
|
|
You may be wondering why the Supreme Court granted certiorari to resolve questions about cy pres in a case that could be sidetracked by jurisdictional concerns.
|
|
"We discussed how to put into action the adapted jurisdictional mechanism to be done in the best way and the work is in progress," he said.
|
|
Stein's petition arguably falls short of the jurisdictional requirements for a recount petition and it certainly does not serve the purpose of the recount statute, i.e.
|
|
"In our opinion, with a spike in jurisdictional risk in Tanzania, merger discussions with Endeavour are at the very least going to be delayed," said Jefferies.
|
|
By the time she had invested the energy in educating herself on the jurisdictional maze of health plans, she had lost her job and her benefits.
|
|
The Water Resources Development Act (WRDA) of 2016, however, does not contain the same clean drinking water investments as a Senate version due to jurisdictional differences.
|
|
The House Judiciary Committee launched a sweeping antitrust probe of the major players, and key regulatory agencies have sort out jurisdictional questions, preparing to follow suit.
|
|
And as so often occurs, there is a constant blurring of agency jurisdictional lines anyway, so numerous BATF cases already have nexus to FBI mission priorities.
|
|
And most of all, decisions would have to be made about who pays for a series of projects that would cross jurisdictional boundaries in complicated ways.
|
|
Furthermore, the act of separating air traffic control from the FAA would create jurisdictional and regulatory ambiguities and, in this case, present blatant conflicts of interest.
|
|
Wheeler considers himself a "constitutional sheriff," a label denoting the idea that the sheriff has ultimate jurisdictional authority in the county, superseding federal and state agents.
|
|
Strategies to pay landowners to keep prairies and non-jurisdictional wetlands natural and not developed as subdivisions are essential, both surrounding Houston and along the coast.
|
|
The lawsuit has gotten bogged down in a jurisdictional dispute over whether it should be heard in Washington, where Trump filed it, or in New York.
|
|
And we've set legislative deadlines, only to blow through them because operators can't meet the mandate due to real challenges in technology, funding and jurisdictional responsibilities.
|
|
"While the FCC's public policy goals have merit, their approach has … failed to address fundamental market issues or recognize their jurisdictional limits," Oliver said in a statement.
|
|
When it comes to the jurisdiction of the ICC, debates that are conducted in boxing-fight-style ignore the complexity of jurisdictional matters on the international level.
|
|
China, Taiwan, Vietnam, Malaysia, Brunei, and the Philippines are currently locked in a conflict over territorial and jurisdictional claims to the region's potential wealth of natural resources.
|
|
The collaboration was in part thanks to a digital reboot of the Violent Criminal Apprehension Program, or ViCAP, a cross-jurisdictional database of information on violent crimes.
|
|
But the office of the US Attorney for the Southern District of New York, which issued the indictment, appears to have chosen trafficking charges for jurisdictional reasons.
|
|
Despite the ongoing threats of reduced jurisdictional power and less funding, the CFPB has continued in its crusade to protect consumers in their relationships with financial institutions.
|
|
Jurisdictional questions were murky almost from the start: Mr. Schneiderman's office sent investigators to the scene, but they were rebuffed by the local authorities, Mr. Soufer said.
|
|
Warner said Thursday that he and Burr are working to sit down with Mueller as soon as next week to coordinate the jurisdictional boundaries of their investigations.
|
|
The two entities overcame partisan and jurisdictional conflicts to bring about the president's resignation — and their work offers a valuable lesson for today, when hyper-partisanship dominates.
|
|
Even assuming the wrongdoers are identified, there are often jurisdictional hurdles because the thieves aren't in the United States or in countries that will easily extradite them.
|
|
"The OIG has conducted a preliminary review of this matter, including investigative and jurisdictional considerations, and concludes that further investigation would prove unproductive," Kendall wrote to Reps.
|
|
But this view is plainly at odds with the long history of courts parsing jurisdictional concerns, as well as determining liability based on often complicated and ambiguous factors.
|
|
The announcement Wednesday puts an end to some jurisdictional jockeying between the Judiciary and Intelligence panels, both of which had pushed to get Trump Jr. before their committee.
|
|
Those pushing a quick reauthorization hope that this bill, by resolving jurisdictional fights between the two committees and appeasing the most important leaders, will get through the House.
|
|
And while it may sound like a messy inside baseball game of regulatory alphabet soup, this jurisdictional land grab actually has huge consequences for everyone on the web.
|
|
It's one of a handful of bills aimed at addressing the jurisdictional issues that have exacerbated the Missing and Murdered Indigenous Women's crisis, allowing perpetrators to walk free.
|
|
Federal Communications Commission (2013), Justice Scalia wrote a majority opinion that doubled down on Chevron by rejecting the invitation to create a "jurisdictional" exception that many conservatives desired.
|
|
But she also warned that there are still thousands of containers sitting idle at the ports of San Juan, a problem she blamed on "jurisdictional" and bureaucratic issues.
|
|
Although the committee will study process and practice without any jurisdictional boundaries, Congress must consider how these lines of effort can reinvigorate leadership in important national security issues.
|
|
Kavanaugh's stance on the Affordable Care Act is also concerning to conservatives, as the judge dissented from a D.C. Circuit decision upholding the act for technical and jurisdictional reasons.
|
|
"The speaker's office organized a small bipartisan briefing that was, at the request of DHS, limited to members with jurisdictional interests in immigration enforcement," Strong said in a statement.
|
|
The service offers real-time regulatory decision-making, ensuring that every transaction is executed within jurisdictional guidelines and on a timely basis, with accurate pre and post-trade obligations.
|
|
Together, the two sanctuaries would protect all species of whales that swim in Brazilian jurisdictional waters, alongside Argentina's and Uruguay's, plus the waters around the Southwest coast of Africa.
|
|
But we have enormous trouble organizing around long-term, big-picture goals, at least in a way that overcomes the many jurisdictional complications and parochial interests that impede them.
|
|
Regulation that does exist occurs at the state or jurisdictional level, and approaches to dealing with substance abuse and mental health concerns vary from one state to the next.
|
|
"We urge relevant parties to earnestly respect China's sovereign and jurisdictional rights and not do anything that could impact bilateral relations or this region's peace and stability," Lu said.
|
|
For example, global transactions denominated in U.S. dollars and processed through the U.S. financial system create a jurisdictional nexus between the United States and foreign parties, property, and events.
|
|
A key jurisdictional hook in the bank cases was territorial – foreign transactions that were cleared through the United States financial system came within the territory of the United States.
|
|
So-called "nonresident" licenses simply function as jurisdictional hooks, a means by which a state's insurance regulator may oversee a producer based elsewhere, but doing business in their state.
|
|
But this year, the two chambers are farther apart on their WRDA measures, since the House version does not contain Flint aid due to jurisdictional differences in the committees.
|
|
Moulton said he did not introduce an amendment to increase the numbers due to committee jurisdictional issues but did introduce an amendment that would undo the stricter eligibility rules.
|
|
The outcome in Espinoza is uncertain, but there is a decent chance that this case will be dismissed on jurisdictional grounds, with Roberts crossing over to join the liberals.
|
|
While the SEC regulates equities markets and the CFTC covers commodities and derivatives trades, the two agencies have often struggled to work together through jurisdictional overlap and duplicative efforts.
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"This memo explains that jurisdictional determinations that raise significant issues or technical difficulties should be handled in a consistent and uniform manner, particularly during the WOTUS rulemaking," Bowman said.
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But at the start of jurisdictional hearings on Monday, France argued that Guinea only sought to add the residence to its diplomatic residence after the raid had taken place.
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Rumi flirted with some of these same heretical boundaries, irking local sultans and dour jurisdictional types who often, in the end, forgave him, for he was the great Mowlana.
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Federal prosecutors said Mr. Morgenthau also did not respect jurisdictional lines when he followed the money trails in white-collar crimes to Paraguay, Iran, the Cayman Islands and Belgium.
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Federal prosecutors said Mr. Morgenthau also did not respect jurisdictional lines when he followed the money trails in white-collar crimes to Paraguay, Iran, the Cayman Islands and Belgium.
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In the case of the first, he says that her father provided a letter from the United Nations proving that he had been discharged, to overcome the jurisdictional challenge.
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"Acting Attorney General Whitaker's designation neither alters the Special Counsel's authority to represent the United States nor raises any jurisdictional issue," Mueller's team wrote in the filing on Monday.
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The corps makes these judgments by issuing jurisdictional determinations, or JDs, which regulate whether property owners need additional permits to use wetlands — processes that can often be long and expensive.
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The central dispute in the Supreme Court's case was whether a jurisdictional determination carries legal consequences, a necessary component in order for the decision to be a "final" agency action.
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However, as currently written, the regulatory reporting requirements do not align with each other in many areas, hindering cross-jurisdictional transparency and imposing unnecessary complexity and costs to market participants.
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"It's an entirely different way of dealing with a monopoly," she said, just days after Florida revealed its participation in a multi-jurisdictional investigation into Facebook for possible antitrust violations.
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Six species — elk, mule deer, pronghorn, bighorn sheep, moose and bison — have made seasonal migrations since long before Europeans arrived, across what is now a chaotic mess of jurisdictional boundaries.
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"There followed an intensive, international and multi-jurisdictional manhunt with the cooperation of the U.S. Department of State, the governments of Guatemala and Mexico, and the F.B.I.," Mr. Scarpino said.
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Because TIGER is designed to challenge regions to think big picture about the multimodal and cross-jurisdictional coordination needs of a balanced transportation system, it is incredibly popular and overtaxed.
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Ultimately, the investigations petered out: the FBI wasn't able to identify the people behind some of the threats, apparently declined to prosecute others, and appears to have struggled with jurisdictional issues.
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Digital assets currently fall into a jurisdictional gray area between the Securities and Exchange Commission (SEC), the Commodity Futures Trading Commission (CFTC), the Treasury Department, the Federal Reserve and individual states.
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"Sophisticated planners realized they could do jurisdictional planning to help wealthy families minimize or avoid home-state tax," said Jeff Wolken, national director of wealth and fiduciary planning for Wilmington Trust.
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The article describes a judicial no-man's land in the Idaho part of Yellowstone, where a person can commit a crime and get off scot-free due to sloppy jurisdictional boundaries.
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"The markets of the kingdom are very sophisticated, the banks are very sophisticated," he continued, noting ADGM's geographical and jurisdictional strengths, including its close relationship with the Gulf Cooperation Council (GCC).
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The RSPO has broadened its focus from working with palm oil companies and green groups to a "jurisdictional approach", where sustainable growers and buyers can work with local and national governments.
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Although Dallas PD tells us they closed the case because there was "no criminal element," Agu says this is purely a jurisdictional issue because the alleged crime took place in NYC.
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The person with direct knowledge of the matter said the subpoenas from New York regulators were sent only to firms with close ties to New York to avoid any jurisdictional issues.
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But it was held up by a jurisdictional issue: Should he be considered an unaccompanied minor, as he was when he first requested asylum, or an adult, which he was now?
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True, he dissented in a 2011 case that involved a challenge to the ACA, but as the Washington Post points out, he cited technical and jurisdictional reasons rather than constitutional ones.
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But it is a symptom of the times in which we live that no issue, however technical, provincial or jurisdictional, can escape being swept up in the eternal hurricane of partisan politics.
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Democrats and Republicans must work together, and across the jurisdictional lines of the Congress, to examine these recent incidents thoroughly and devise comprehensive solutions to deter and defend against further cyber-attacks.
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"We fully intend to have this (jurisdictional issue) decided by a trial judge, to determine the issue once and for all," said Gaurav Sharma, senior legal counsel for Shell's global litigation team.
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International institutions like the U.N. and the International Atomic Energy Agency (IAEA) do not recognize the annexation and, from a jurisdictional standpoint, cannot control nuclear facilities and radiation security in those areas.
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First lady Melania Trump has re-filed a $150 million libel lawsuit against the Daily Mail in New York after a judge dismissed an earlier suit filed in Maryland on jurisdictional grounds.
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Treating domestic terrorism as a federal crime would help resolve jurisdictional and legal uncertainties surrounding domestic terrorism by providing clear authorization for the investigation and prosecution of domestic terrorists under federal law.
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And Justice Ruth Ginsburg, the court's doyenne of civil procedure, was intrigued enough by the jurisdictional issue to make it the focus of the very first question to Shanmugam, Seila Law's counsel.
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The bills allow for the development of task forces, identifying jurisdictional loopholes and gaps in data collection and law enforcement, funding liaison positions with law enforcement, and developing better data on MMIWG.
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It then assigned a score to each bank based on factors including size, complexity, interconnectedness and cross-jurisdictional activity, as well as how easily the products they offer can be provided by competitors.
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He considered Singapore, which he called the "Switzerland of Asia," and Santiago, which he called the "Switzerland of South America," but his period of jurisdictional shopping halted with Zug, the Switzerland of Switzerland.
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What follows are examples of how the security forces use the confessions to demonstrate their raw jurisdictional power and to score propaganda points in an effort to deflect criticism at home and abroad.
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"Democrats and Republicans must work together, and across jurisdictional lines of the Congress, to examine these recent incidents thoroughly and devise comprehensive solutions to deter and defend against further cyberattacks," the statement read.
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States sceptical towards the ICC, led by the US delegation, opined that automatic jurisdiction might be appropriate for genocide, but needs to be complemented by other specific "jurisdictional links" for the other crimes.
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While the Taiwanese authorities wanted to send their law enforcement agents to Hong Kong to bring Chan back, the Hong Kong government slammed the suggestion as "a disrespect of Hong Kong's jurisdictional power".
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Prosecutors had come to an agreement that would put Sharper in prison for just nine years under a multi-jurisdictional deal for all of his many crimes across states, but Milazzo denied it.
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U.S. District Judge Lorna Schofield in Manhattan dismissed Standard Chartered on jurisdictional grounds, but allowed the case to move forward against two other banks, Societe Generale and Bank of Tokyo-Mitsubishi UFJ Ltd.
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She said candidates need to attack the issue from many angles — such as insufficient data tracking, jurisdictional issues, a lack of funding — that contribute to the epidemic of violence against American Indian women.
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The roadway is operated by the state, but since it is subject to federal highway regulations and runs through the Town of Southampton, numerous agencies have tried to sort out the jurisdictional questions.
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Pending investigations of US companies by foreign antitrust agencies, including ones contemplating extra-jurisdictional remedies imposed on US companies owning US patents, call out for the presence of a strong US antitrust voice.
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Moreover, the Reciprocity Act is also supported by the same jurisdictional predicate as many other federal gun control laws: namely, that the firearm in question was once sold or transported in interstate commerce.
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Promising startups cannot afford to get caught in the morass of litigation to protect their secrets, as an expensive marathon of state jurisdictional challenges can easily kill companies before their ideas can flourish.
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" And when posed with a question about enforcement options when cryptocurrency is used to evade US sanctions, Giancarlo noted that "the jurisdictional lapse is probably greatest for the two agencies sitting before you today.
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Hawley's proposal would attempt to resolve the tension by placing the FTC under the DOJ's jurisdiction and resolving "jurisdictional" overlap that has left the agencies fighting over how to enforce the nation's antitrust laws.
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And Facebook is clearly attempting to promote a self-serving interpretation of GDPR that seeks to concentrate jurisdictional elements around a lead data protection authority — under the regulation's so-called 'one-stop shop' principle.
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A lot of times, when these lawyers get in front of the court, they're having super-technical arguments about things like standing or jurisdictional things that you and I don't maybe quite care about.
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"There's been a huge amount of progress at getting laws criminalizing revenge porn on the state level, but jurisdictional issues and budget constraints for Law enforcement have made them difficult to enforce," Bowden said.
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On the one hand, it simplifies jurisdictional battles — like a recent U.S. case involving Microsoft in which courts determined that data stored in Irish servers could only be subpoenaed in accordance with Irish laws.
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The House version of the WRDA -- which could come to the floor next week -- is narrow and doesn't contain any drinking water provisions due to jurisdictional differences between the House and Senate committees. Sen.
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He pointed to a 403 Supreme Court ruling, which said that, barring extraordinary circumstances, a federal court should not rule on tribal court jurisdictional questions before they have been fully litigated in tribal court.
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"Democrats and Republicans must work together, and across the jurisdictional lines of the Congress, to examine these recent incidents thoroughly and devise comprehensive solutions to deter and defend against further cyberattacks," the statement said.
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" A congressional source who supports the House Energy and Commerce and Senate Health Committee deal called the Ways and Means proposal a "total joke" and said they were engaged in a "jurisdictional pissing match.
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Despite these obstacles, tribes are creating solutions within their jurisdictional purview as there is no comprehensive response by the U.S. One example is the cross-deputization of law enforcement officers and coordinating evidence collection.
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The U.S. Supreme Court on Friday agreed to review two state-court decisions that Ford Motor Company and its attorneys at Hogan Lovells warned will obliterate jurisdictional limits on where manufacturers can be sued.
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It would force even the Intelligence Committee — which has access to a broader swath of intelligence than Judiciary — to rely on the questions posed by a panel with completely different investigative and jurisdictional concerns.
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The reality is that either option would introduce its own complexity: The court's chosen route limits the number of jurisdictional tests, but at the cost of extending the scope of a complex, unpredictable standard.
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Federal scientists and managers – charged with conserving a red snapper population impervious to jurisdictional boundaries – are required to offset every additional pound of fish killed in state waters, forcing the federal season ever shorter.
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The corps makes these judgments by issuing jurisdictional determinations, or JDs, which regulate whether property owners need additional permits to use wetlands or other protected lands — processes that can often be long and expensive.
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In its opposition to Facebook's motion to seal the document, the District includes a redacted summary (screengrabbed below) of the "jurisdictional facts" it says are contained in the papers Facebook is seeking to keep secret.
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Metropolitan St. Louis is profoundly segregated, a divide that is enforced by the county's jurisdictional crazy quilt of 90 municipalities that keeps white and black, rich and poor—and the city of St. Louis—apart.
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Nichols said the New York officials should not comply with a request by the House Ways and Means Committee for the tax information until he has had a chance to rule on the jurisdictional issues.
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"All we're saying is, because this affects us and indirectly our customers, there should be some satisfaction of jurisdictional requirements: That it's primarily infringing and the online location is located outside of Australia," Bannon suggested.
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While an advanced exchange cannot be regulated by a foreign government if it does not clear that government's fiat currency, laws can still be enacted to regulate digital currency exchanges based on their jurisdictional headquarters.
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A Louisiana federal judge has denied a motion to dismiss on jurisdictional grounds a proposed class action accusing the New Orleans criminal court system of unfairly jailing defendants who are unable to pay court costs.
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Yet, the salient question looms: From what constitutional, statutory, or common-law source does a federal District Court judge retain jurisdictional authority to issue a nationwide restraining order or injunction against a presidential executive order?
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The Missouri cases, which have largely been brought by out-of-state plaintiffs, have faced jurisdictional questions after the Supreme Court issued a ruling in June that limited where personal injury lawsuits could be filed.
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Even among many who otherwise generally endorse more complicated balancing tests for courts to use in resolving substantive legal issues, there is a broad consensus that bright-line rules are more appropriate for jurisdictional questions.
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The select committee should consider the value of institutionalizing bipartisan national security policy working groups that would provide talented members with latitude to develop ideas that could directly inform committee decisions and tackle jurisdictional challenges.
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"Cyber is the rare kind of all-encompassing challenge for which the Congress's jurisdictional boundaries are an impediment to sufficient oversight and legislative action," McCain wrote to McConnell in a letter, cosigned by fellow GOP Sen.
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The trial lawyers' amicus brief, in an implicit acknowledgment of the giant jurisdictional obstacle the U.S. Supreme Court erected in Daimler, urged the Illinois Supreme Court to stick closely to the facts in the Aspen case.
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"Local girls that are working locally with local pimps will be using local photos, the majority of the time," Sergeant Adam Kavanaugh, supervisor of the St. Louis County Multi-Jurisdictional Human Trafficking Task Force, tells CNN.
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But the Missouri cases, which have largely been brought by out-of-state plaintiffs, have faced jurisdictional questions after the Supreme Court issued a ruling in June that limited where personal injury lawsuits could be filed.
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Planning can also help divorcing couples work jurisdictional differences in their favor, or lessen the effect: If it's important to you to keep certain assets yours, carefully consider if and how you merge finances, he said.
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The Missouri cases, which have largely been brought by out-of-state plaintiffs, have faced jurisdictional questions after the U.S. Supreme Court issued a ruling in June that limited where personal injury lawsuits can be filed.
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The stat has been cited in an official report released by the ONDCP, which manages "High-Intensity Drug Trafficking Areas," or HIDTAs, a collection of multi-jurisdictional law-enforcement efforts mandated by Congress to oppose legalization.
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The current "spaghetti bowl of bilateral trade deals" across the region fails to address issues faced by multinational businesses, such as compliance with multi-jurisdictional supply chain regulations and intellectual property rights behind borders, he explained.
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"It's a jurisdictional opinion, and it says adverseness is vitally important to Article III, and it's vitally important especially when the lack of adverseness could cause this court to unnecessarily decide a constitutional question," he said.
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Both sides affirmed the importance of "maintaining and promotion of peace and stability, freedom of navigation in and overflight above the South China Sea, addressing their territorial and jurisdictional disputes by peaceful means," the ministry said.
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"This memo explains that jurisdictional determinations that raise significant issues or technical difficulties should be handled in a consistent and uniform manner, particularly during the [Waters of the United States] rulemaking," EPA spokeswoman Liz Bowman said.
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The Senate version of VAWA, sponsored by Iowa Republican Senator Joni Ernst, arrived after months of opaque holdups, and walks back this 2013 provision, instituting a series of restrictions on the jurisdictional reach of tribal courts.
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When it comes down to it, the EPA's RMP rule is nothing more than a federal power grab allowing the EPA to overstep its jurisdictional limits and enforce rules on businesses far outside of its wheelhouse.
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It's the single most populous city of the Colombian coffee growing axis (called Eje Cafetero in Spanish), home to 488,839 people, 1073 communes, and 12 jurisdictional territories, at a length and width of 702 square kilometers.
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A lawyer for the company told Reuters J&J would focus on jurisdictional arguments and put forth its case that scientific studies overwhelmingly show talc itself is safe and the company's talc-based products never contained asbestos.
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"A lot of the crypto projects have done this foundation route [right off the bat] but really it's more about taxes and it's more about jurisdictional arbitrage and trying to minimize the potential regulatory risk," Pape suggests.
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A federal judge has scheduled a trial in a class action alleging Fiat Chrysler Jeep vehicles are vulnerable to hacking, denying the company's last-minute bid to have the three-year-old litigation tossed on jurisdictional grounds.
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"Due to the multi-jurisdictional nature of the proposed legal action, and the complexity of the processes involved, it is likely that the recovery phase will last a minimum of 18 months to two years," it said.
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Just days after attorneys general from eight states and the District of Columbia announced an antitrust investigation into Facebook, Texas Attorney General Ken Paxton on Monday revealed that he's leading a multi-jurisdictional antitrust probe of Google.
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But while the 3rd U.S. Circuit Court of Appeals in Philadelphia held the rule was not a jurisdictional bar to hearing a former Consolidated Rail Corp conductor's retaliation case, it ruled on other grounds the case remained untimely.
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Despite the good work that these and other committees have done on their own, cyber is the rare kind of all-encompassing challenge for which the Congress's jurisdictional boundaries are an impediment to sufficient oversight and legislative action.
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Another case being closely watched is the challenge to EPA's Clean Water Rule that seeks to "clarify" the jurisdictional scope of the Clean Water Act and whether it covers tributaries that feed into waters protected by the act.
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"We urge relevant parties to earnestly respect China's sovereign and jurisdictional rights and not do anything that could impact bilateral relations or this region's peace and stability," the spokesman, Lu Kang, told a regular news briefing on Thursday.
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"The rule on which the U.S. court had relied to remove jurisdictional immunity is not in accordance with public international law and cannot be applied in the context of the Luxembourg case," the court said in a statement.
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"Newmont has previously determined that Barrick's risk and return profile is inferior on many fronts, including factoring Barrick's comparatively ineffective operating model, poor track record on delivering shareholder returns and unfavorable jurisdictional risk," Newmont said in a statement.
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On the domestic level, the United States has incorporated a number of international crimes into the federal penal code, ensuring that prosecutors have the legal authority they need to address crimes within the jurisdictional reach of our courts.
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In the lawsuit, Rhodes claims that Prause's statements are false, and have caused him to suffer "significant reputational harm and sustained actual damages" in lost revenue, productivity, and expenses in amount amount exceeding the jurisdictional minimum of $75,000.
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Scholarly debates and Trump's public comments may help focus attention, and lawsuits of financiers may help provide a jurisdictional hook for courts to set the stage, but ultimately the decision should belong to the people of Puerto Rico.
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In the Missouri case, Johnson & Johnson asked Judge Burlison, who presided during the trial, that the jury verdict be thrown out on jurisdictional grounds and asked for separate trials for the plaintiffs, according to the order issued Wednesday.
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And then of course sustainability in space is an important issue to the industry and the efforts of the National Space Council have helped accelerate the discussion of these issues and helped address some of the jurisdictional issues.
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He went on to write that he joined Alito's opinion — which the exception of the jurisdictional question — because a majority of the court believes there is jurisdiction and because he "agree[s] with the court's resolution of the merits."
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The professors elaborated on Scoville's argument that the 10th Circuit committed a fundamental mistake by essentially rewriting the text of Dodd-Frank's jurisdictional provision to address what the appeals court discerned to be Congress' true goal of reversing Morrison.
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"This ruling sends a broad signal about who really does have the jurisdictional authority to regulate this area," said Ryan Sitton of the Railroad Commission of Texas, which oversees the oil and gas industry in the top producing state.
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"The traditional model that we have employed in the state of Texas for such a long time so effectively does not apply to an invisible disease that knows no geographic or jurisdictional boundaries," Abbott, said at a press conference.
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Critics of the bill saw it as part of a broader attempt by the Chinese government in Beijing to chip away at Hong Kong's hard-won jurisdictional independence, a battle the country has fought with mainland China since 1997.
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Her call for an Oliphant fix—which would allow tribal governments to have criminal jurisdiction over non-Natives on tribal lands—was the single most impressive and nuanced reaction to jurisdictional mismanagement of Indian Country by the federal government.
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The minority investors' lawyers at Bartlit Beck seem to anticipate a jurisdictional fight in the complaint, which highlighted the company's ties to New York and emphasized that the board decisions underlying the suit's allegations were made in New York.
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And yet this sad episode is but another of the countless examples of how wealthy suspects expertly understand just how to circumvent multi-jurisdictional criminal justice systems, and why collaborative law enforcement around the world is a difficult endeavor.
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The Fed also created a new regulatory category for the country's biggest regional banks, which are not as large as the megabanks and have less than $2.53 billion assets or have more than $75 billion in cross-jurisdictional activity.
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"Democrats and Republicans must work together, and across the jurisdictional lines of the Congress, to examine these recent incidents thoroughly and devise comprehensive solutions to deter and defend against further cyber-attacks," said the statement from Graham and fellow GOP Sen.
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The pipeline operator said on Sunday it would scrap plans to nearly triple the capacity of its existing Trans Mountain pipeline, which extends from Alberta to British Columbia's coast, unless various legal and jurisdictional challenges could be resolved by May 31.
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Chechi notes: Coastal states normally assert the right to prevent unauthorized salvage within their jurisdictional waters, whereas the state of origin of the cargo (if different) may claim the wreck if these are perceived to be part of their cultural heritage.
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But the 23rd Circuit's decision — the first appellate ruling on a jurisdictional defense tactic that has bedeviled trial courts around the country — is going to be a boon to pharmaceutical companies and other corporations based in New York, Pennsylvania and Delaware.
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Russ, whose western Oklahoma district includes a portion of the Cheyenne and Arapaho Tribes' jurisdictional area, urged members of the legislature's Native American Caucus to vote against the bill, which would allow supermarkets and convenience stores to sell beer and wine.
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"The bill bypasses jurisdictional elements and puts an ability for any Member of Congress to become engaged in data and information that today is considered proprietary and private that is material to people who do overseas business," the Texas Republican said.
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The series divides the story naturally, in an easily digestible order, progressing through EARONS's escalation from burglary to rape to homicide, all while focusing on the victims and their stories and chronicling the massive jurisdictional nightmare EARONS presented to police.
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So even though it's difficult right now to determine exactly where the Trump administration will begin and end on all of this, there are a lot of backstops in California, and we will happily assert our autonomy and jurisdictional authority.
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The move by Attorney General Bill Schuette, a Republican, to charge Littleton came after Wayne County Prosecutor Kym Worthy, a Democrat, declined to prosecute him, citing jurisdictional challenges and what her office described as the vague nature of his posts.
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The court gave the Republican legislature and the Democratic governor three weeks to agree on a replacement map; when, unsurprisingly, they couldn't, the justices took on the task themselves, creating more compact districts that reflect jurisdictional lines and natural communities.
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Moreover, as the justices in the majority pointed out repeatedly, the ATS is supposed to be just a jurisdictional statute and, according at least to Justice Samuel Alito, plaintiffs suing U.S. corporations can establish jurisdiction in U.S. courts in other ways.
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Because the court based its decision on jurisdictional grounds rooted in separation-of-powers concerns, if it is allowed to stand, it seems no House subpoena issued to a current or former executive branch official could be enforced through the courts.
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The multidistrict litigation involves hundreds of plaintiffs, millions of pages of documents and dozens of depositions, but after 10 years it is still far from the trial phase, stalled out over the technical jurisdictional arguments that KBR's lawyers have advanced.
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"This latest [jurisdictional] expansion is characteristic of an overreaching and unaccountable agency," wrote Education Department officials in a letter sent late last week to the consumer watchdog agency, saying the agreement called for the CFPB to forward all of those complaints.
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Republicans spent his last appearance in front of the committee in April arguing that President Trump should fire Cordray, insisting that the CFPB routinely overstepped legal and jurisdictional boundaries and prized flashy, expensive fines over consumer freedom to grab headlines.
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Even as more residents became critically ill with Legionnaires' disease, and some died, the officials remained mired in jurisdictional battles, according to emails released by the Michigan Department of Health and Human Services and the health department in Genesee County, which includes Flint.
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The question presented is whether landowners can go to court immediately when the regulators make what is called a "jurisdictional determination" under the Clean Water Act finding—for example, that there are wetlands on the property that may require a permit to fill.
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But his time in the courts isn't over: Manafort faces another trial in September on seven separate charges in Washington, DC. Brought against him separately for jurisdictional reasons, the charges relate to his foreign lobbying work and alleged witness tampering earlier this year.
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There is no single federal U.S. watchdog of virtual currencies, with trading and investing in the emerging asset class falling into a jurisdictional gray area between the SEC, CFTC, the Treasury Department and state regulators which license virtual trading platforms as money transmitters.
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"This recurring jurisdictional issue has divided the circuits, wasted judicial and party resources, and delayed the resolution of important rule challenges," the NAM wrote to the Supreme Court in October, asking it to rule that district courts ought to hear the cases first.
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A unanimous three-judge 10th Circuit panel overturned four decades of precedent that said filing an EEOC charge is a jurisdictional prerequisite to bringing a lawsuit under Title VII of the Civil Rights Act of 1964 and other laws enforced by the commission.
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A Texas appeals court in a lengthy decision analyzing complex jurisdictional law on Wednesday ruled that the U.S. subsidiary of French tire company Michelin cannot escape a lawsuit over a 2015 fatal accident allegedly caused by a defect in one of its tires.
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An examination of government emails from 2014, 2015 and 2016 revealed that officials were aware of the pattern of Legionnaires' cases, but that they failed to act swiftly on the revelations and tended to become mired in jurisdictional battles over protocol and responsibility.
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"Democrats and Republicans must work together, and across the jurisdictional lines of the Congress, to examine these recent incidents thoroughly and devise comprehensive solutions to deter and defend against further cyberattacks," said Senators John McCain, Lindsey Graham, Chuck Schumer and Jack Reed.
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Kinder Morgan Canada said on Sunday that it would scrap plans to nearly triple the capacity of its existing Trans Mountain pipeline, which extends from Alberta to British Columbia's coast, unless various legal and jurisdictional challenges could be resolved by May 31.
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Contrast this with the current jurisdictional quagmire that potential privacy legislation is confronting — namely, whether there needs to be federal preemption of state privacy enforcement to achieve a necessary level of uniformity that industry players say is a litmus test for their support.
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Rather than give the Department of Justice — and, assuming jurisdictional issues are resolved, perhaps even the Federal Communications Commission (FCC) — an opportunity to look dispassionately at the facts, law and economics of the transaction, these consumer groups are going for the political jugular.
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The changes remove current jurisdictional requirements, which will invite forum shopping — a situation in which the government applies for warrants from judges who are considered to be "prosecutor friendly" and thus more likely to issue a warrant with less scrutiny of the government's request.
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"The notion that a 1789 jurisdictional statute authorizes this extraordinary effort to recover from a foreign bank for foreign injuries allegedly traceable to foreign transactions that were heavily regulated by multiple countries -- an effort that has caused substantial diplomatic tension -- beggars all belief," Clement wrote.
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" While voicing confidence in Singas, he criticized the governor's decision to supersede the Manhattan DA's office in the Schneiderman investigation with the special prosecutor, saying that the "charging and jurisdictional decision making should be left to independent prosecutors who are answerable to their local constituents.
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The government can also make concessions on Sunni political demands—more jurisdictional autonomy, equal application of de-Baathification laws, release of prisoners—and devote more money to salaries, weapons, and supplies for those local fighters fighting IS who have been demoralized by Baghdad's distrust.
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On the other hand, the agency recognized that because Section 85033 has clear limitations, it would have to engage in significant legal gymnastics and stretch the definition of CPNI past any reasonable statutory interpretation if it wanted to use Section 222 as a jurisdictional hook.
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Some of the victims are misclassified as Asian or Hispanic, or are overlooked if they live in urban areas instead of reservations, or their cases are lost in a jurisdictional maze over which state, federal or tribal law enforcement agency bears responsibility for investigating.
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" A senior House Democratic aide told POLITICO the letter was a message to the Energy and Commerce and the Ways and Means committees — whose jurisdictional battle over the issue helped derail any potential action in 2019 — to "figure it out and get this done.
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The other option — limiting the Securities Exchange Act's exclusive jurisdiction provision to causes of action actually created by the act and the regulations thereunder — would, it is true, introduce (in some sense) an additional jurisdictional test, but one that is eminently straightforward to apply.
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"In accordance with Clinton V. Jones and Zervos V. Trump, I find that I have jurisdiction over Mr. Trump and deny Respondents' motion to dismiss the petition against him on jurisdictional grounds," she wrote, while also denying Trump's request for discovery in the case.
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"Cyber is the rare kind of all-encompassing challenge for which the Congress's jurisdictional boundaries are an impediment to sufficient oversight and legislative action," said a letter Sunday to McConnell from Senate Armed Services Committee Chairman John McCain, incoming Democratic Leader Chuck Schumer of New York, Sen.
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Speaking at a panel discussion organized by the U.S. Chamber of Commerce's Institute for Legal Reform, Anand Agneshwar of Arnold & Porter and Archis Parasharami of Mayer Brown on Monday said they expected jurisdictional issues in class actions to bubble up before the high court sooner or later.
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A U.S. appeals court on Wednesday instructed a U.S. patent tribunal to hold off on deciding the validity of patents covering Allergan PLC's drug Restasis, saying it first wanted to consider the novel jurisdictional issues raised by Allergan assigning the patents to a Native American tribe.
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If the Delaware Supreme Court adopts Chancellor Bouchard's proposal – which he advanced in a highly unusual decision in long-running derivative litigation against Wal-Mart board members - defendants won't be able to stamp out multi-jurisdictional breach of duty litigation just by winning in one court.
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Photo: Matt Rourke (AP)Johnson & Johnson, which lost a lawsuit brought by 0003 women and their families who claimed their ovarian mesotheliomas were caused by talc products contaminated with the carcinogen asbestos to the tune of $4.69 billion in July, has failed to have the verdict thrown out on jurisdictional grounds.
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Kavanaugh has also taken criticism for writing an opinion on the D.C. Circuit that used an obscure jurisdictional argument to avoid ruling at all on the constitutionality of ObamaCare -- a rationale ultimately rejected by the Supreme Court, which opted to take the case and uphold the law on other grounds.
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Instead, it chose to extend it to a jurisdictional provision of the federal Securities Exchange Act that (using completely different language from Section 1331) provides for exclusive federal court jurisdiction over any suit "brought to enforce any liability or duty created by" the Securities Exchange Act or the regulations promulgated thereunder.
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This includes establishing "a multi-disciplinary, multi-jurisdictional team, which will include tribal law enforcement, to review cold cases," consulting with tribal governments, and developing presumably updated "model protocols and procedures for addressing both new and unsolved cases of missing and murdered persons in tribal communities," along with other communication and awareness campaigns.
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Just last week during SXSW in Austin, Secretary of Transportation Elaine Chao announced the creation of the Non-Traditional and Emerging Transportation Technology (NETT) Council, an internal organization designed to resolve jurisdictional and regulatory gaps that may impede the deployment of new technology, such as tunneling, hyperloop, autonomous vehicles and other innovations.
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It included expanding a special counsel program to all victims of sexual assault, prohibiting the military from using the accused's character in his or her defense, and giving victims a say in whether military or local authorities should handle their cases when jurisdictional disputes arise — though it left the final decision to prosecute with commanders.
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In following interview, which has been edited for length and clarity, Eaton paints contemporary match-fixing and betting fraud as thoroughly 21st century problems, problems that pose jurisdictional, law enforcement and regulatory questions that governments simply didn't have to deal with even 10 years ago—and are arguably not equipped to deal with now.
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"That's not an issue that right now we've been focused on for me to give you a deeply detailed answer on what the right approach should be, other than to tell you that in general I believe the federal government's role in some of these things (is) largely limited unless it involves a federal jurisdictional issue," Rubio said.
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" In his ruling, Judge Kaufman likened the torturer to the pirate and the slave trader — "an enemy of all mankind" — and added, "Our holding today, giving effect to a jurisdictional provision enacted by our First Congress, is a small but important step in the fulfillment of the ageless dream to free all people from brutal violence.
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But the setting of a provision — like the Securities Exchange Act jurisdiction provision — that establishes exclusive federal jurisdiction, not only requires that federal courts assure themselves that their jurisdiction is proper, but also requires state courts to assure themselves that a cause of action does not fall within the federal courts' exclusive jurisdictional sphere before proceeding.
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First, the Corps will need to ensure that its administrative record fully supports any determination findings in the likely event of future lawsuits, which will further strap the Agency' s resources Second, the Corps could also increase the use of preliminary jurisdictional determinations that are clearly not final agency action in return for even more expedited review of permit applications.
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The Hansen alternative included provisions to expand permanent committee staffs, bar voting by proxy in committee, require committees of more than 15 members to spawn at least four subcommittees, empower the speaker to refer bills to more than one committee to resolve jurisdictional disputes, and mandate that the House meet in December of election years to organize itself for the next Congress.
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John CornynJohn CornynThe Hill's Morning Report - Trump on defense over economic jitters Democrats keen to take on Cornyn despite formidable challenges The Hill's Campaign Report: Battle for Senate begins to take shape MORE (Texas), the No. 85033 Senate Republican, noted that there was a "jurisdictional issue" with any family separation legislation but that he was "anxious" to see what Johnson could come up with.
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The Foreign Relations panel will have important jurisdictional oversight over U.S. relations with Russia and Iran, two areas that will be heavily scrutinized during President-elect Donald TrumpDonald John TrumpPossible GOP challenger says Trump doesn't doesn't deserve reelection, but would vote for him over Democrat O'Rourke: Trump driving global, U.S. economy into recession Manchin: Trump has 'golden opportunity' on gun reforms MORE's first year in office.
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IDR Uplift The programme is eligible for an IDR uplift given exemption from bail-in in a resolution scenario of the secured loans, Fitch's assessment that the resolution of BFCM will not result in the direct enforcement of recourse against the cover pool and the low risk of under-collateralisation at the point of resolution (see Fitch's Jurisdictional Analysis of the Risk of Undercollateralisation of Covered Bonds - Excel file).
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John CornynJohn CornynThe Hill's Morning Report - Trump on defense over economic jitters Democrats keen to take on Cornyn despite formidable challenges The Hill's Campaign Report: Battle for Senate begins to take shape MORE (R-Texas), a member of both panels, acknowledged that there had previously been a "jurisdictional battle" between the two committees, but said that oversight of the Justice Department and FBI was in the Judiciary Committee's lane.
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IDR Uplift French Societe de Credit Foncier (SCF) programmes are eligible for an IDR uplift given their exemption from bail-in in a resolution scenario, Fitch's assessment that resolution of the issuer has not resulted in the direct enforcement of recourse against the cover pool and the low risk of undercollateralisation at the point of resolution (see Fitch's Jurisdictional Analysis of the Risk of Undercollateralisation of Covered Bonds - Excel file).
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Some of the factors are easy to identify: jurisdictional confusion between local state-run police, the FBI, and tribal or Bureau of Indian Affairs police departments routinely leads to slow response times; slow response times allow for bodies, and thus the perpetrator's DNA, to decompose and disappear; and slow response times lead to cold trails and dead-end cases, which make local law enforcement hesitant to undertake new cases.
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FRENCH OFH ISSUERS IDR Uplift French Societe de Financement de l'Habitat (SFH) programmes are eligible for an IDR uplift given their exemption from bail-in in a resolution scenario, Fitch's assessment that resolution of the issuer will not result in the direct enforcement of recourse against the cover pool and the low risk of undercollateralisation at the point of resolution (see Fitch's Jurisdictional Analysis of the Risk of Undercollateralisation of Covered Bonds - Excel file).
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FRENCH FCT ISSUERS IDR Uplift French Fonds Commun de Titrisation (FCT) programmes are eligible for an IDR uplift given their exemption from bail-in in a resolution scenario, Fitch's assessment that resolution of the issuer will not result in the direct enforcement of recourse against the cover pool and the low risk of undercollateralisation at the point of resolution (see Fitch's Jurisdictional Analysis of the Risk of Undercollateralisation of Covered Bonds - Excel file).
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Swiss covered bonds are eligible for a maximum IDR uplift of two notches given their exemption from bail-in in a resolution scenario, Fitch's assessment that a resolution of the issuer will not result in the direct enforcement of recourse against the cover pool and the low risk of undercollateralisation at the point of resolution (see Fitch's Jurisdictional Analysis of the Risk of Undercollateralisation of Covered Bonds - Excel file published on 29 June 13).
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