164 Matching Annotations
  1. May 2019
    1. La idea es que Vincent, gracias a los algoritmos de inteligencia artificial, “entiende” el documento que se le proporciona y su contexto, de esa forma es capaz de sugerir los documentos, sentencias y otra información jurídica relevante para el caso concreto.
    2. minimizar el tiempo y el esfuerzo necesario
    3. cuando el usuario sube un documento a Vicent, vLex no se queda el documento. Únicamente lo procesa el algoritmo, pero la búsqueda que se construye sí queda en el historial del usuario. El objetivo es que el usuario puede recuperar los resultados de una búsqueda Vicent, aunque no tenga a mano el documento que lo originó
  2. Apr 2019
    1. THIS   SERIESA   PREFERRED   STOCK   PURCHASE   AGREEMENT

      Hi Craig-- here's a public note to you that any one else could see-- but we could also create a private group here and have a conversation just between ourselves and others.

  3. Mar 2019
  4. Jan 2019
    1. there the advocate cannot prejudge the case lest he threaten both jus-tice and his own livelihood

      Proponents of legal realism would disagree. An example would be Oliver Wendell Holmes in Buck v. Bell, which decided it was constitutional for a state to sterilize purported mentally disabled people against their will, even though this has NO constitutional basis whatsoever. The outcome of the case was determined before the briefs were ever filed because Holmes and other eugenicists decided the outcome that was supposedly best for society regardless of constitutional protections for freedom, liberty, and cruel and unusual punishment.

    1. PubPub reserves the right to change the terms of the Terms of Service ("TOS") or to modify its features at any time.

      Pero mientras tanto podemos usar los términos presentes. Valdría la pena hacer una copia de esta versión.

  5. Dec 2018
  6. www.lexisnexis.com www.lexisnexis.com
    1. Shepardizing®The process of consulting Shepard's®to see if a case has been overturned, reaffirmed, questioned, or cited by later cases

      WTF is Shepardizing a registered trademark its a f***ing verb

    2. Primary SourcesA document that establishes the law on a particular issue, such as a case decision or legislative act
    3. Secondary Sources:Sources of information that describe or interpret the law, such as legal treatises, law review articles, and other scholarly legal writings, cited by lawyers to persuade a court to reach a particular decision in a case, but which the court is not obligated to follow
  7. Nov 2018
    1. Mr. Trump intervened directly to suppress stories about his alleged sexual encounters with women

      The evidence of Trump’s involvement in the payments is legally significant, as it backs up Cohen’s claim that Trump directed payments that were found to have been in violation of federal law. The most damning evidence of all, however, isn’t just regarding Trump’s involvement in the payments, but the details of discussions of a cover-up.

      ...

      This is problematic for Trump, as campaign finance violations, such as illegal corporate contributions or donations that exceed the maximum allowable amount, require willful violation of federal law. Trump’s denials and discussion of how to keep his name out of it would help support allegations that he knew the payments were illegal.

      Source: https://lawandcrime.com/high-profile/what-the-bombshell-report-on-stormy-daniels-karen-mcdougal-payoffs-means-for-trump-legally/

  8. Oct 2018
    1. Advocates in Dubai - Get Legal Advice Finding advocates to assist you in legal cases can become tiresome especially when the need for legal representation or legal consultancy arises. Especially in Dubai, addressing any legal issues within the Emirates jurisdiction requires expert legal advice. However, there are several Professional Advocates in Dubai who can be approached to seek quality legal advices. Offering comprehensive solutions, litigation and legal consultancy in line with international standards for individual and corporate clients needs are the services that white collar professionals assist you with. Setting up a business, establishing their legal status to employment arrangement, corporate transactions and court representations are few of the other cases advocates deal with. The best Advocates in Dubai always work on developing a good working relationship with clients and putting their needs first.

  9. Aug 2018
    1. when courts in the UK or the EU interpret provisions of national legislation intended to give effect to the agreements, they could take into account the relevant case law of the courts of the other party.

      so case law could be optionally regarded...

  10. May 2018
    1. Further, a doctor, medical center, hospital, EMT, and even assisted living staff can make decisions regarding your healthcare, treatment methods and type of medical care to provide you if you are not married, over 18 years old, and do not have a health care proxy in place

      Medical decision making has very specific in rules to protect the rights of the patient. The rules can vary according to a patient's age, marital status, and wether or not they signed a health care proxy document in the first place.

  11. Feb 2018
    1. Governmental Regulation–National Emergency11. This contract is subject to federal or state legislation, regulations,executive or other official orders or other governmental action, now orhereafter in effect respecting military, naval, air or other governmentalservice, which may directly or indirectly affect the Player, Club or theLeague and subject also to the right of the Commissioner to suspendthe operation of this contract during any national emergency duringwhich Major League Baseball is not played.

      However, the legal precedent around Major League Baseball's anti-trust exemption means professional baseball is not required to comply with other federal or state laws, regulations, or procedures.

    2. ATTACHMENT 52Joint Domestic Violence, Sexual Assault and Child Abuse Policy

      No minor league player, club, or association representatives were included in the parties that formulated these policies, although these policies and procedures have been adopted by minor league baseball.

    3. ATTACHMENT 512017–2021 International Play Plan, Rate Card and Funding

      As noted earlier in this CBA, Major League Baseball and the MLBPA were paying increased attention to the growth of organized baseball outside the United States. Rather than establish a collaborative relationship with foreign leagues that would create additional opportunities for player advancement, this CBA outlines the ways MLB and the MLBPA were actively looking to control and capitalize on foreign markets.

    4. ATTACHMENT 50Daniel R. Halem, EsquireChief Legal OfficerMajor League BaseballOffice of the Commissioner245 Park AvenueNew York, New York 10167Re: Rookie Hazings, Pranks and Clubhouse RitualsDear Dan:I write to confirm our agreement concerning the Office of the Commis-sioner’s adoption of a policy addressing rookie “hazing” or “initia-tions” or other clubhouse rituals involving Players (the “Policy”).

      Since no grievance procedure is outlined or articulated for minor league players and teams, the protections outlined in this attachment are not necessarily afforded to minor league players.

    5. ATTACHMENT 46International Amateur Talent System

      As noted earlier in this CBA, Major League Baseball and the MLBPA were paying increased attention to the growth of organized baseball outside the United States. Rather than establish a collaborative relationship with foreign leagues that would create additional opportunities for player advancement, this CBA outlines the ways MLB and the MLBPA were actively looking to control and capitalize on foreign markets.

    6. ATTACHMENT 46International Amateur Talent System

      No minor league player, club, or association representatives were to be included in this subcommittee.

    7. MAJOR LEAGUE PLAYER TOBACCO POLICY

      Facing increased pressure to curb player performance-enhancing and recreational drug use, Major League Baseball and the MLBPA moved proactively to institute a joint treatment program. Minor League baseball adopted the program outlined in this CBA, even though no minor league club, player, or organization representatives were involved in negotiating the CBA.

    8. ATTACHMENT 12This will set forth the understanding of the Parties regarding ArticleXX(A), of the Basic Agreement:With respect to a Minor League Player with no existing Major LeagueContract, whose Minor League contract has been assigned to a MajorLeague Club, it is understood that the placing of such a Player on theMajor League Club’s Active Reserve List (40-man Roster) and the ten-dering to such a Player of a Major League Contract without the neces-sity of renewing the Minor League contract will provide the MajorLeague Club with reservation rights to such a Player. Thus, such aPlayer will not become a free agent under Article XX(A)(2)(d), whichprovides that a Player will become a free agent if his Club fails to exer-cise its contract renewal rights, there being no prior Major LeagueContract to renew

      Although relatively minor, this attachment lays out an exception to an earlier portion of the CBA, and in effect further restricts minor league players' access to free agency. If a minor league player who is not currently under any contract is signed by a Major League club, free agency rules would not apply should the club choose not to renew his contract.

    9. ARTICLE XXV—International Play

      As noted earlier in this CBA, Major League Baseball and the MLBPA were paying increased attention to the growth of organized baseball outside the United States. Rather than establish a collaborative relationship with foreign leagues that would create additional opportunities for player advancement, this CBA outlines the ways MLB and the MLBPA were actively looking to control and capitalize on foreign markets.

    10. (4)Interests of the AssociationThe Revenue Sharing Plan may have a significant impact on theindustry globally as well as on individual Clubs. Accordingly, theParties acknowledge that the Association has a significant interest inany aspect of any of the components of the Revenue Sharing Planor its operation materially affecting either: (a) the overall industry-wide transfer of revenue among Clubs; or (b) the amounts of pay-ments made by individual Clubs and the amounts of receiptsreceived by individual Clubs. This paragraph shall not be construedto limit the Association’s right to assert that it has other legitimateinterests in the operation of the Plan.

      As noted here, the revenue sharing plan also impacted the level of resources clubs had to invest in foreign scouting and talent development, an established practice by 2017.

    11. D. Outright Assignment to Minor League Club

      Again, the salary protections and playing time incentives included in free agency procedures were available only to Major League players with the required minimum service time.

    12. ARTICLE XX—Reserve System

      As noted in the 1980 CBA, the 1975 Messersmith/McNally ruling overturned Major League Baseball's reserve clause and created a clear path for certain players to negotiate as free agents. However, the MLBPA's success in negotiating for the rights of free agents also came with a reserve system that severely limited minor league players' autonomy and access to the benefits and opportunities of free agency.

    13. D. Foreign AssignmentsExcept for the return of conditional assignments from outside theUnited States and Canada, the contract of a Player shall not be assignedotherwise than within the United States and Canada, without thePlayer’s written consen

      In the 1980 CBA, a player's consent was not necessary if he was being assigned to a team in his native country. This change in the language which first appeared in the 1997 CBA offered greater stability for foreign-born players.

    14. M. Family and Medical Leave ActThe Clubs will comply with the requirements of the Family and Med-ical Leave Act (29 U.S.C. 2601 et seq.) and will allow Players to uti-lize the Bereavement, Medical Emergency and Paternity leavesprovided in Major League Rules 2(n) and (o). Medical Emergency andPaternity leaves shall run concurrently with any leave available underthe Family and Medical Leave Act

      While this CBA reflects compliance with the 1993 federal law, the legal precedent around Major League Baseball's anti-trust exemption means professional baseball is not required to comply with other federal or state laws, regulations, or procedures.

    15. A. No DiscriminationThe Clubs will not interfere with, restrain or coerce Players because ofmembership in or lawful activity on behalf of the Association, nor willthey discriminate because of Association activity in regard to hire,tenure, or employment, or any term or condition of employment.The provisions of this Agreement shall be applied to all Players cov-ered by this Agreement without regard to race, color, religion, nationalorigin, sexual orientation, or any other classification protected underFederal Law

      In a notable shift from the 2003 CBA, the non-discrimination language in the CBA expanded to include sexual orientation, but still did not include gender or gender identity.

    16. ARTICLE XI—Grievance Procedure

      No grievance procedure is outlined or articulated for minor league players and teams, meaning the legal protections the MLBPA provides for major league players are not a benefit available for minor league players.

    1. Governmental Regulation-National Emergency11. This contract is subject to federal or state legislation, regulations,executive or other official orders or other governmental action, now orhereafter in effect respecting military, naval, air or other governmentalservice, which may directly or indirectly affect the Player, Club or theLeague and subject also to the right of the Commissioner to suspendthe operation of this contract during any national emergency duringwhich Major League Baseball is not played

      However, the legal precedent around Major League Baseball's anti-trust exemption means professional baseball is not required to comply with other federal or state laws, regulations, or procedures.

    2. 265ATTACHMENT 46International Amateur TalentI. International Talent Committee

      No minor league player, club, or association representatives were to be included in this subcommittee.

    3. ATTACHMENT 46International Amateur Talent

      As noted earlier in this CBA, Major League Baseball and the MLBPA were paying increased attention to the growth of organized baseball outside the United States. Rather than establish a collaborative relationship with foreign leagues that would create additional opportunities for player advancement, this CBA outlines the ways MLB and the MLBPA were actively looking to control and capitalize on foreign markets.

    4. SMOKELESS TOBACCO POLICY

      Facing increased pressure to curb player performance-enhancing and recreational drug use, Major League Baseball and the MLBPA moved proactively to institute a joint treatment program. Minor League baseball adopted the program outlined in this CBA, even though no minor league club, player, or organization representatives were involved in negotiating the CBA.

    5. With respect to a Minor League Player with no existing Major LeagueContract, whose Minor League contract has been assigned to a MajorLeague Club, it is understood that the placing of such a Player on theMajor League Club’s Active Reserve List (40-man Roster) and the ten-dering to such a Player of a Major League Contract without the neces-sity of renewing the Minor League contract will provide the MajorLeague Club with reservation rights to such a Player. Thus, such aPlayer will not become a free agent under Article XX(A)(2)(d), whichprovides that a Player will become a free agent if his Club fails to exer-cise its contract renewal rights, there being no prior Major LeagueContract to renew.

      Although relatively minor, this attachment lays out an exception to an earlier portion of the CBA, and in effect further restricts minor league players' access to free agency. If a minor league player who is not currently under any contract is signed by a Major League club, free agency rules would not apply should the club choose not to renew his contract.

    6. ARTICLE XXV—The Industry Growth Fund

      As noted earlier in this CBA, Major League Baseball and the MLBPA were paying increased attention to the growth of organized baseball outside the United States. Rather than establish a collaborative relationship with foreign leagues that would create additional opportunities for player advancement, this CBA outlines the ways MLB and the MLBPA were actively looking to control and capitalize on foreign markets.

    7. (4)Interests of the AssociationThe Revenue Sharing Plan may have a significant impact on theindustry globally as well as on individual Clubs. Accordingly, theParties acknowledge that the Association has a significant interest inany aspect of any of the components of the Revenue Sharing Planor its operation materially affecting either: (a) the overall industry-wide transfer of revenue among Clubs; or (b) the amounts of pay-ments made by individual Clubs and the amounts of receiptsreceived by individual Clubs. This paragraph shall not be construed

      As noted here, the revenue sharing plan also impacted the level of resources clubs had to invest in foreign scouting and talent development, a practice that was growing in widespread adoption in the early 2000s.

    8. D. Outright Assignment to Minor League club

      Again, the salary protections and playing time incentives included in free agency procedures were available only to Major League players with the required minimum service time.

    9. ARTICLE XX—Reserve System

      As noted in the 1980 CBA, the 1975 Messersmith/McNally ruling overturned Major League Baseball's reserve clause and created a clear path for certain players to negotiate as free agents. However, the MLBPA's success in negotiating for the rights of free agents also came with a reserve system that severely limited minor league players' autonomy and access to the benefits and opportunities of free agency.

    10. D. Foreign AssignmentsExcept for the return of conditional assignments from outside theUnited States and Canada, the contract of a Player shall not be assignedotherwise than within the United States and Canada, without thePlayer’s written consent

      In the 1980 CBA, a player's consent was not necessary if he was being assigned to a team in his native country. This change in the language which first appeared in the 1997 CBA offered greater stability for foreign-born players.

    11. N. Family and Medical Leave ActThe Clubs will comply with the requirements of the Family and Med-ical Leave Act (29 U.S.C. 2601 et seq.) and will allow Players to uti-lize the Bereavement, Medical Emergency and Paternity leavesprovided in Major League Rules 2(n) and (o). Medical Emergency andPaternity leaves shall run concurrently with any leave available underthe Family and Medical Leave Act.

      While this CBA reflects compliance with the 1993 federal law, the legal precedent around Major League Baseball's anti-trust exemption means professional baseball is not required to comply with other federal or state laws, regulations, or procedures.

    12. A. No DiscriminationThe Clubs will not interfere with, restrain or coerce Players because ofmembership in or lawful activity on behalf of the Association, nor willthey discriminate because of Association activity in regard to hire,tenure or employment or any term or condition of employment.The provisions of this Agreement shall be applied to all Players cov-ered by this Agreement without regard to race, color, religion, nationalorigin, sexual orientation, or any other classification protected underFederal Law

      In a notable shift from the 2003 CBA, the non-discrimination language in the CBA expanded to include sexual orientation, but still did not include gender or gender identity.

    13. ARTICLE XI—Grievance Procedure

      No grievance procedure is outlined or articulated for minor league players and teams, meaning the legal protections the MLBPA provides for major league players are not a benefit available for minor league players.

    1. Governmental Regulation-National Emergency11. This contract is subject to federal or state legislation, regulations,executive or other official orders or other governmental action, now orhereafter in effect respecting military, naval, air or other governmentalservice, which may directly or indirectly affect the Player, Club or theLeague and subject also to the right of the Commissioner to suspendthe operation of this contract during any national emergency duringwhich Major League Baseball is not played.

      However, the legal precedent around Major League Baseball's anti-trust exemption means professional baseball is not required to comply with other federal or state laws, regulations, or procedures.

    2. ATTACHMENT 24Donald M. Fehr, Esquire Executive Director and General Counsel Major League BaseballPlayers Association 12 East 49th Street New York, New York 10017Re: World-Wide Draf

      As noted earlier in this CBA, Major League Baseball and the MLBPA were paying increased attention to the growth of organized baseball outside the United States. Rather than establish a collaborative relationship with foreign leagues that would create additional opportunities for player advancement, this CBA outlines the ways MLB and the MLBPA were actively looking to control and capitalize on foreign markets.

    3. 2. The World-Wide Draft Subcommittee shall be composed ofan equal number of representatives of the Players Association andthe Office of the Commissioner, and shall include at least oneAssociate General Counsel of the Players Association and at leastone senior representative of the Labor Relations Department ofthe Office of the Commissioner

      No minor league player, club, or association representatives were to be included in this subcommittee.

    4. ATTACHMENT 18MAJOR LEAGUE BASEBALL’SJOINT DRUG PREVENTION ANDTREATMENT PROGRAMThe Major League Baseball Joint Drug Prevention and TreatmentProgram (the “Program”) is established by agreement of the Office ofthe Commissioner and the Major League Baseball Players Association(the “Commissioner’s Office,”the “Association”and, jointly, the “Par-ties”) (1) to educate Players on the Major League Clubs’40-man ros-ters (“Players”) on the risks associated with using ProhibitedSubstances (defined in Section 2 below); (2) to deter and end the useby Players of Prohibited Substances; and (3) to provide for, in keepingwith the overall purposes of the Program, an orderly, systematic, andcooperative resolution of any disputes that may arise concerning theexistence, interpretation, or application of this agreement. Except asotherwise provided herein, any dispute arising under this Program shallbe subject to resolution through the Grievance Procedures of the BasicAgreement

      Facing increased pressure to curb player performance-enhancing and recreational drug use, Major League Baseball and the MLBPA moved proactively to institute a joint treatment program. Minor League baseball adopted the program outlined in this CBA, even though no minor league club, player, or organization representatives were involved in negotiating the CBA.

    5. ARTICLE XXV—The Industry Growth Fund

      As noted earlier in this CBA, Major League Baseball and the MLBPA were paying increased attention to the growth of organized baseball outside the United States. Rather than establish a collaborative relationship with foreign leagues that would create additional opportunities for player advancement, this CBA outlines the ways MLB and the MLBPA were actively looking to control and capitalize on foreign markets.

    6. (4)Interests of the AssociationThe revenue sharing plan may have a significant impact on theindustry globally as well as on individual Clubs. Accordingly, theParties acknowledge that the Association has a significant interest inany aspect of any of the components of the revenue sharing plan orits operation materially affecting either: (a) the overall industry-wide transfer of revenue among Clubs; or (b) the amounts of pay-ments made by individual Clubs and the amounts of receiptsreceived by individual Clubs. This paragraph shall not be construedto limit the Association’s right to assert that it has other legitimateinterests in the operation of the plan.

      As noted here, the revenue sharing plan also impacted the level of resources clubs had to invest in foreign scouting and talent development, a practice that was growing in widespread adoption in the early 2000s.

    7. D. Outright Assignment to Minor League club

      Again, the salary protections and playing time incentives included in free agency procedures were available only to Major League players with the required minimum service time.

    8. ARTICLE XX—Reserve System

      As noted in the 1980 CBA, the 1975 Messersmith/McNally ruling overturned Major League Baseball's reserve clause and created a clear path for certain players to negotiate as free agents. However, the MLBPA's success in negotiating for the rights of free agents also came with a reserve system that severely limited minor league players' autonomy and access to the benefits and opportunities of free agency.

    9. D. Foreign AssignmentsExcept for the return of conditional assignments from outside the Unit-ed States and Canada, the contract of a Player shall not be assignedotherwise than within the United States and Canada, without the Play-er’s written consent.

      In the 1980 CBA, a player's consent was not necessary if he was being assigned to a team in his native country. This change in the language of the 1997 CBA offered greater stability for foreign-born players.

    10. M. Family and Medical Leave ActThe Clubs will comply with the requirements of the Family and Med-ical Leave Act (29 U.S.C. 2601 et seq.).

      While this CBA reflects compliance with the 1993 federal law, the legal precedent around Major League Baseball's anti-trust exemption means professional baseball is not required to comply with other federal or state laws, regulations, or procedures.

    11. . No DiscriminationThe Clubs will not interfere with, restrain or coerce Players because ofmembership in or lawful activity on behalf of the Association, nor willthey discriminate because of Association activity in regard to hire,tenure or employment or any term or condition of employment.The provisions of this Agreement shall be applied to all Players cov-ered by this Agreement without regard to race, color, religion ornational origin

      In a notable omission, organized baseball's CBA did not prohibit discrimination based on sex or gender, which legal precedent at this time had expanded to include gender identity and sexual orientation.

    12. ARTICLE XI—Grievance Procedure

      No grievance procedure is outlined or articulated for minor league players and teams, meaning the legal protections the MLBPA provides for major league players are not a benefit available for minor league players.

    1. D. Foreign AssignmentsExcept for the return of conditional assignments from outside the United States and Canada, the contract of a Player shall not be -assigned otherwise than within the United States and Canada, without the Player’s written consent

      In the 1980 CBA, a player's consent was not necessary if he was being assigned to a team in his native country. This change in the language of the 1997 CBA offered greater stability for foreign-born players.

    2. The Clubs and the Association will jointly request and cooperate in lobbying theCongress to pass a law that will clarify that Major League Baseball Players are covered under the antitrust laws (i.e., that Major League Players will have the same rights under the antitrust laws as do other professional athletes, e.g., football and basketball players), along with a provision that makes it clear that the passage of that bill does not change the application of the antitrust laws in any other context or with respect to any other person or entity. If such a law is not enacted by December 31, 1998 (the end of the next Congress), then this Agreement shall terminate on December 31, 2000 (unless theAssociation exercises its option to extend this Agreement as set forth in Article XXVII)

      These combined lobbying efforts resulted in the 1998 Curt Flood U.S. Congressional Act, which specified Major League Baseball's anti-trust exemption was still applicable to Major League clubs and players, in effect forcing minor league teams to also operate under that exemption while not benefiting from the legal protections and representation the MLBPA provided for Major League players.

    3. The revenue sharing plan may have a significant impact on the industry globally as well as on individual Clubs.

      As noted here, the revenue sharing plan also impacted the level of resources clubs had to invest in foreign scouting and talent development, a practice that was starting to begin in earnest during the late 1990s.

    4. D. Outright Assignment to National Association Club

      Again, the salary protections and playing time incentives included in free agency procedures were available only to Major League players with the required minimum service time.

    5. ARTICLE XXReserve System

      As noted in the 1980 CBA, the 1975 Messersmith/McNally ruling overturned Major League Baseball's reserve clause and created a clear path for certain players to negotiate as free agents. However, the MLBPA's success in negotiating for the rights of free agents also came with a reserve system that severely limited minor league players' autonomy and access to the benefits and opportunities of free agency.

    6. L. Family and Medical Leave ActThe Clubs will comply with the requirements of the Family and Medical Leave Act (29 U.S.C. 2601 et seq.)

      While this CBA reflects compliance with the 1993 federal law, the legal precedent around Major League Baseball's anti-trust exemption means professional baseball is not required to comply with other federal or state laws, regulations, or procedures.

    7. A. No DiscriminationThe Clubs will not interfere with, restrain or coerce Players because of membership in or lawful activity on behalf of the Association, nor will they discriminate because of Association activity in regard to hire, tenure or employment or any term or condition of employment.The provisions of this Agreement shall be applied to all Players covered by thisAgreement without regard to race, color, religion or national origin.

      The 1997 CBA was an early moment the MLBPA successfully advocated for standard workplace non-discrimination protections to be applied to professional baseball, a measure that supported both U.S. and foreign-born players.

    8. ARTICLE XIGrievance Procedure

      No grievance procedure is outlined or articulated for minor league players and teams, meaning the legal protections the MLBPA provides for major league players are not a benefit available for minor league players.

    1. Governmental Regulation-National Emergency 11. This contract is subject to federal or state legislation, regula-tions, executive or other official orders or other governmental action, now or hereafter in effect respecting military, naval, air or other governmental service, which may directly or indirectly affect the Player, Club or the League and subject also to the right of the Com-missioner to suspend the operation of this contract during any na-tional emergency during which Major League Baseball is not played.

      However, the legal precedent around Major League Baseball's anti-trust exemption means professional baseball is not required to comply with other federal or state laws, regulations, or procedures.

    2. ATTACHMENT 15 This will set forth the understanding of the parties regarding Article XX(A), of the Basic Agreement: With respect to a National Association Player with no existing Ma-jor League Contract, whose National Association Contract has been assigned to a Major League Club, it is understood that the placing of such a Player on the Major League Club's Active Reserve List (40-man Roster) and the tendering to such a Player of a Major League Contract without the necessity of renewing the National Association Contract will provide the Major League Club with reservation rights to such a Player. Thus, such a Player will not become a free agent under Article XX(A)(2)(d), which provides that a Player will become a free agent if his Club fails to exercise its contract renewal rights, there being no prior Major League Contract to renew.

      Although relatively minor, this attachment lays out an exception to an earlier portion of the CBA, and in effect further restricts minor league players' access to free agency. If a minor league player who is not currently under any contract is signed by a Major League club, free agency rules would not apply should the club choose not to renew his contract.

    3. Outright Assignment to National Association Club

      Again, the salary protections and playing time incentives included in free agency procedures were available only to Major League players with the required minimum service time.

    4. ARTICLE XX-Reserve System

      As noted in the 1980 CBA, the 1975 Messersmith/McNally ruling overturned Major League Baseball's reserve clause and created a clear path for certain players to negotiate as free agents. However, the MLBPA's success in negotiating for the rights of free agents also came with a reserve system that severely limited minor league players' autonomy and access to the benefits and opportunities of free agency.

    5. D. Foreign Assignments

      In the 1980 CBA, a player's consent was not necessary if he was being assigned to a team in his native country. This change in the language of the 1990 CBA offered greater stability for foreign-born players.

    6. A. No Discrimination The Clubs will not interfere with, restrain or coerce Players because of membership in or lawful activity on behalf of the Association, nor will they discriminate because of Association activity in regard to hire, tenure or employment or any term or condition of employment. The provisions of this Agreement shall be applied to all Players covered by this Agreement without regard to race, color, religion or national origin.

      The 1990 CBA was an early moment the MLBPA successfully advocated for standard workplace non-discrimination protections to be applied to professional baseball, a measure that supported both U.S. and foreign-born players.

    7. ARTICLE XI-Grievance Procedure

      No grievance procedure is outlined or articulated for minor league players and teams, meaning the legal protections the MLBPA provides for major league players are not a benefit available for minor league players.

    8. E. All-Star Game A Player who is a member of his League's All-Star team shall, in addition to being reimbursed in accordance with past practice, be reimbursed by the League for the first-class jet air fare within the continental United States and Canada to and from the site of the All-Star Game for one guest, and for hotel accommodations for a max-imum of three days for such guest.

      Since the CBA only articulates "leagues" governed by this CBA as the National League and American League, the various affiliated minor leagues (collections of minor league clubs) and their all-star games are not covered by this sub-article.

    1. Governmental Regulation -National Emergency 11. This contract is subject to federal or state legislation, regulations, executive or other official orders or other governmental action, now or hereafter in effect respecting military, naval, air or other governmental service, which may directly or indirectly affect the Player, Club or the League and subject also to the right of the Commissioner to sus-pend the operation of this contract during any national emergency during which Major League Baseball is not played.

      However, the legal precedent around Major League Baseball's anti-trust exemption means professional baseball is not required to comply with other federal or state laws, regulations, or procedures.

    2. G. Outright Assignment to National Association Club ( 1) Election of Free Agency. (a) Any Player who has at least 3 years of Major League service and whose contract is assigned outright to a National Association Club may elect, in lieu of accept-ing such assignment, to become a free agent. ( b) In the event that such Player does not elect free agency in lieu of accepting such assignment, he may eleot free agency between the end of the then current Major League season and the next following October 15, unless such Player is returned to a Major League roster prior to making such election. ( 2) A Player who becomes a free agent under this Section G shall immediately be eligible to negotiate and contract with any Club without any restrictions or qualifications. Such Player shall not be entitled to receive termination pay. Such a free agent shall receive transportation and travel expenses in the same manner as he would if he had been unconditionally released except he shall be limited to receiving travel expenses to his new club if he reports to it directly, provided such expenses are less than to his home city. ( 3) Procedure. Not earlier than 4 days0 prior to the contem-plated date of an outright assignment, the Club shall give written notice to the Player, with a copy to the Players Association, which shall advise the Player that he may either (a) accept the assign-ment or ( b) elect to become a free agent, and that in the event he accepts the assignment, he may elect free ,agency between the end of the then current Major League season iand the next following October 15, unless he is returned to a Major League roster prior to making such election. The Player shall also be informed in the notice that, within 3 days0 after the date of the notice, he must advise the Club in writing as to his decision whether to accept the assignment. If the Club fails to give written notice, as set forth herein, to the Player prior to the date of such assignment, the Player may, at any time, elect to become a free agent pursuant to this Section G, provided, however, that if the Club subsequently gives such written notice to the Player, he shall, within 3 days0 thereafter, advise the Club in writing as to his decision

      However, the salary protections and playing time incentives included in free agency procedures did not include any immediate substantive changes for minor league players who had not achieved the minimum service time to be eligible as free agents. In this sub-article, only Major League players with the required minimum service time who are assigned to a minor league team are eligible to declare as free agents.

    3. ARTICLE XVIII-Reserve System

      After arbitor Peter Seitz's ruling in the 1975 Messersmith/McNally case, Major League Baseball's reserve clause was effectively overturned. The 1980 CBA was one of the early legal documents in which the specifics of free agency were articulated and negotiated.

    4. D. Foreign Assignments The contract of a Player shall not be assigned otherwise than within the United States and Canada, without the Player's written consent, provided, however, that the Player's consent is not necessary if he is a Native of such foreign country

      Even as the MLBPA was making some early efforts to advocate on behalf of the interests of foreign-born players, that population still experienced significant precarity in their conditions of labor.

    5. The provisions of this Agreement shall be applied to all Players covered by this Agreement without regard to race, color, religion or national origin.

      The 1980 CBA was one of the first times the MLBPA had pushed for standard workplace non-discrimination protections to be applied to professional baseball, a measure that supported both U.S. and foreign-born players.

    6. ARTICLE X -Grievance Procedure

      No grievance procedure is outlined or articulated for minor league players and teams, meaning the legal protections the MLBPA provides for major league players are not a benefit available for minor league players.

    7. E. All-Star Game A Player who is a member of his League's All-Star team shall, in addi-tion to being reimbursed in accordance with past practice, be reim-bursed by the League for the first-class jet air fare within the con-tinental United States and Canada to and from the site of the All-Star Game for one guest, and for hotel accommodations for a maximum of three days for such guest.

      Since the CBA only articulates "leagues" governed by this CBA as the National League and American League, the various affiliated minor leagues (collections of minor league clubs) and their all-star games are not covered by this sub-article.

    1. 1. This contract is subject to federal or state legislation, regulations, executive or other official orders or oilier governmental action, now or hereafter in effect respecting military, naval, air or other governmental service, which may directly or indirectly affect the Player, Club or the League and subject also to the right of the Commissioner to sus-pend the operation of this contract during any national emergency during which Major League Baseball is not played.

      However, the legal precedent around Major League Baseball's anti-trust exemption means professional baseball is not required to comply with other federal or state laws, regulations, or procedures.

    2. ARTICLE XVII -Reserve System

      After arbitor Peter Seitz's ruling in the 1975 Messersmith/McNally case, Major League Baseball's reserve clause was effectively overturned. The 1976 CBA was the first legal document in which the specifics of free agency were articulated and negotiated.

    3. F. Outright Assignment to National Association Club (I) Election of Free Agency. Any Player who has at least 3 years of Major League service and whose contract is assigned out-right to a National Association Club may elect, in lieu of accepting such assignment, to become a free agent. A Player who becomes a free agent under this Section F shall immediately be eligible to negotiate and contract with any Club without any restrictions or qualifications. Such Player shall not be entitled to receive termina-tion pay. Such a free agent shall receive transportation and travel expenses in the same manner as he would if he had been uncondi-tionally released except he shall he limited to receiving travel ex-penses to his new club if he reports to it directly, provided such expenses are less than to his home city. ( 2) Procedure. Not earlier than 4 days0 prior to the contem-plated date of an outright assignment, the Club shall give written notice to the Player, with a copy to the Players Association, which shall advise the Player that he may either (a) accept the assign-ment or (b) elect to become a free agent. The Player shall also be informed in the notice that, within 3 days0 after the date of the notice, he must advise the Club in writing as to his decision. If the Club fails to give written notice, as set forth herein, to the Player prior to the date of such assignment, the Player may, at any time, elect to become a free agent pursuant to this Section F, provided, however, that if the Club subsequently gives such written notice to the Player, he shall, within 3 days°' thereafter, advise the Club in writing as to his decision.

      However, the salary protections and playing time incentives included in free agency procedures did not include any immediate substantive changes for minor league players who had not achieved the minimum service time to be eligible as free agents. In this sub-article, only Major League players with the required minimum service time who are assigned to a minor league team are eligible to declare as free agents.

    4. C. Foreign Assignments The contract of a Player shall not be assigned otherwise than within the United States and Canada, without the Player's written consent, provided, however, that the Player's consent is not necessary if he is a Native of such foreign country.

      Even as the MLBPA was making some early efforts to advocate on behalf of the interests of foreign-born players, that population still experienced significant precarity in their conditions of labor.

    5. ARTICLE X -Grievance Procedure

      No grievance procedure is outlined or articulated for minor league players and teams, meaning the legal protections the MLBPA provides for major league players are not a benefit available for minor league players.

    6. . All-Star Game

      Since the CBA only articulates "leagues" governed by this CBA as the National League and American League, the various affiliated minor leagues (collections of minor league clubs) and their all-star games are not covered by this sub-article.

    7. E. Salary Arbitration Effective with the 1976 championship season, the following salary arbitration procedure shall be applicable:

      Salary arbitration was a key victory for the MLBPA in this CBA. However, the salary protections and playing time incentives included in arbitration procedures did not include any immediate substantive changes for minor league players who had not achieved the minimum service time to be eligible for arbitration.

    8. B. Maximum Salary Reduction

      While the gains made by the MLBPA could be applied to minor league players, the lack of a formal grievance procedure for minor league players limits players' ability to advocate for or compel that interpretation of the CBA.

    1. This contract is subject to federal or state legislation, regulations, executive or other official orders or other governmental action, now or hereafter in effect respecting military, naval, air or other govern-mental service, which may directly or indirectly affect the Player, Club or the League and subject also to the right of the Commissioner to suspend the operation of this contract during any national emergency during which Major League Baseball is not played

      However, the legal precedent around Major League Baseball's anti-trust exemption means professional baseball is not required to comply with other federal or state laws, regulations, or procedures.

    2. ARTICLE XV-Reserve System

      Again, the Supreme Court's decision in MLB's favor in Flood v. Kuhn meant the MLBPA had limited power to advocate for full free agency in this contract. Minor league players continued to have only marginal control over their labor conditions and contract assignments.

    3. ARTICLE XIV-Assignment of Player Contracts

      Curt Flood's free agency case went to the U.S. Supreme Court in 1972, and the Court's decision in MLB's favor meant the MLBPA had limited power to advocate for full free agency in this contract. However, the advantages they were able to secure around contract assignment were only available to players with extensive Major League service time. Minor league players continued to have only marginal control over their labor conditions and contract assignments.

    4. ARTICLE X-Grievance Procedure

      No grievance procedure is outlined or articulated for minor league players and teams, meaning the legal protections the MLBPA provides for major league players are not a benefit available for minor league players.

    5. D. Salary Arbitration Effective with the 1974 championship season, the following salary arbitration procedure shall be applicable:

      Salary arbitration was a key victory for the MLBPA in this CBA. However, the salary protections and playing time incentives included in arbitration procedures did not include any immediate substantive changes for minor league players who had not achieved the minimum service time to be eligible for arbitration.

    6. B. Maximum Salary Reduction No Player's contract shall be renewed pursuant to, paragraph 10( a) of the Uniform Player's Contract in any year for a salary which consti-tutes a reduction in excess of 20% of his previous year's salary or in excess of 30% of his salary two years previous. C. Representation Daring Individual Salary Negotiations A Player may be accompanied, if he so desires, by a representative of his choice to assist him in negotiating his individual salary with his employing Club,

      While the gains made by the MLBPA could be applied to minor league players, the lack of a formal grievance procedure for minor league players limits players' ability to advocate for or compel that interpretation of the CBA.

    1. Regardless of any provision herein to the contrary, this Agreement does not deal with the reserve system. The parties have differing views as to the legality and as to the merits of such system as presently constituted. This Agreement shall in no way prejudice the position or legal rights of the Parties or of any Player regarding the reserve system. It is agreed that until the final and unappealable adjudication ( or voluntary discontin-uance) of Flood v. Kuhn et al., now pending in the federal district court of the Southern District of New York, neither of the Parties will resort to any form of concerted action with respect to the issue of the reserve system, and there shall be no obligation to nego-tiate with respect to the reserve system. Upon the final and unappealable adjudication (or voluntary discontinuance) of Flood v. Kuhn et al., either Party shall have the right to reopen negotiations on the issue of the reserve system as follows:

      While this CBA was being negotiated, the result of Curt Flood's legal battle for free agency rights was yet undetermined. The ultimate success of the MLBPA in securing free agency for players would radically transform the conditions of labor in Major League Baseball, while also further complicating the legal status and financial stakes of minor league baseball labor.

    2. For the purpose of providing an orderly and expeditious procedure for the handling and resolving of certain grievances and complaints, as hereinafter provided, the following shall apply as the exclusive remedy of the Parties.

      No grievance procedure is outlined or articulated for minor league players and teams, meaning the legal protections the MLBPA provides for major league players are not a benefit available for minor league players.

      The parties for a grievance procedure are constructed and articulated in a way that excludes minor league players and teams.

    3. B. Maximum Salary Reduction No Player's contract shall be renewed pursuant to paragraph lO(a) of the Uniform Player's Contract in any year for a salary which constitutes a reduction in excess of 20% of his previous year's salary or in excess of 30% of his salary two years previous. C. Representation During Individual Salary Negotiations A Player may be accompanied, if he so desires, by a representative of his choice to assist him in negotiating his individual salary with his employing Club.

      While the CBA's ambiguity for how it applies to minor league clubs and players could extend these sub-articles to apply to minor league players, the lack of a formal grievance procedure for minor league players gives players limited opportunities to that interpretation or enforcement of the CBA.

    4. The Clubs recognize the Association as the sole and exclusive collective bargaining agent for all Major League Players, and individuals who may become Major League Players dur-ing the term of this Agreement, with regard to all terms and conditions of employment except (1) individual salaries over and above the minimum requirements established by this Agreement and (2) Special Covenants to be included in individual Uniform Player's Contracts, which actually or potentially provide additional benefits to the Player.

      By creating a definition for players represented by the MLBPA that included "individuals who may become Major League Players during the term of this Agreement," the MLBPA and the CBAs it negotiated made it difficult for minor league players to argue for a distinct legal standing and the need for a union that represented their distinct interests.

    1. All disputes between the Player and the Club which are covered by the Grievance Procedure as set forth in the Agreement between the twenty Clubs and the major league baseball players, as represented by the Major League Baseball Players Association, dated February 19, 1968, shall be resolved in accordance with such Grievance Procedure, which is incorporated herein by reference

      No grievance procedure is outlined or articulated for minor league players and teams, meaning the legal protections the MLBPA provides for major league players are not a benefit available for minor league players.

      The parties for a grievance procedure as outlined in Schedule C (starts on page 18) are constructed and articulated in a way that excludes minor league players and teams.

    2. This contract is subject to federal or state legislation, regulations, executive or other official orders or other govern-mental action, now or hereafter in effect respecting military, naval, air or other governmental service, which may directly or indirectly affect the Player, Club or the League and subject also to the right of the Commissioner to suspend the operation of this contract during any national emergenc

      However, the legal precedent around Major League Baseball's anti-trust exemption means professional baseball is not required to comply with other federal or state laws, regulations, or procedures.

  12. May 2017
  13. Mar 2017
    1. 資料被放在倉庫中無法應用和近用

      蕭景燈博士表示:這是現象 / 症狀,不是問題意識。問題意識應該是資料被應用與近用的關鍵在於「開放授權條款」(open license),這是還沒有做完 / 完成的一步。

  14. Feb 2017
    1. When a student begins attending a postsecondary institution, regardless of age, FERPA rights transfer from the parent to the student
    1. By most contemporary standards the document is an object (physical or electronic) on which information is recorded. It would thus have two dimensions, the medium and the content. But this dual presentation is insufficient: it obscures the social function that lends the documentary function to both medium and contents. A good illustration of this ambiguity can be found in the legal framework for information technology of Quebec.4 Quebec law is interesting in this respect because, it tries to define a document beyond the medium it uses by paying attention to information. We can read in Article 3 of the 2001 law this definition: Information inscribed on a medium constitutes a document. The information is delimited and structured, according to the medium used, by tangible or logical features and is intelligible in the form of words, sounds or images. On the face of it, this passage defines a document only in terms of its medium and of its contents. These contents, moreover, are viewed as independent of the medium. But the appearance is deceptive. On the one hand, it is precisely because the document has a function-that of transmission of evidence-that we need a law to define it. We must, indeed, be sure that the object we are talking about will perform this function in the new digital environment. On the other hand, it is indeed because the content can pass from one medium to another that Quebec has tried to define in law the link between one and the other to ensure that the documentary function is preserved.

      very interesting contemporary legal view of what is a document

  15. May 2016
    1. he United States District Court for the Eastern District of Virginia

      Legal decision 6

    2. The District Court and Fourth Circuit both held that the archiving of student works in the educational context is a fair use.

      Legal opinion 5

    3. The FTC has specifically stated that COPPA’s requirements do not apply to sites

      Requires legal opinion to validate legality - If you have to ask, perhaps you shouldn't be doing it.

    4. Read the 2009 published decision

      Lawsuit outcome 4

    5. Read the 2007 summary judgement

      Lawsuit outcome 3

    6. Read the published decision.

      Lawsuit outcome 2

    7. Read the summary judgement.

      Lawsuit outcome 1

  16. Nov 2015
    1. Does the Espionage Act violate the First Amendment guarantee of free speech?

      I think that this is not the legal issue that is targeted in the book on this case? I concluded that it is more about whether this pamphlet and political expression is protected under the First Amendments rights of the Constitution for the defendant. Or whether obstruction of war time ideals and peace is a crime in a state of unrest?

  17. Apr 2015
  18. Mar 2015
  19. Feb 2014
  20. legal-dictionary.thefreedictionary.com legal-dictionary.thefreedictionary.com
    1. Res [Latin, A thing.] An object, a subject matter, or a status against which legal proceedings have been instituted. For example, in a suit involving a captured ship, the seized vessel is the res, and proceedings of this nature are said to be in rem. Res, however, does not always refer to tangible Personal Property. In matrimonial actions, for example, the res is the marital status of the parties.

      Latin for: a thing

      An object, a subject matter, or a status against which legal proceedings have been instituted.

    2. res (rayz) n. Latin, thing. In law lingo res is used in conjunction with other Latin words as "thing that."
    1. At the most practical level, intellectual property is the property created or recognized by the existing legal regimes of copyright, patent, trademark, and trade secret. n17 We also must include property recognized by similar legal regimes. For example, federal law now protect original semiconductor masks. n18 "Gathered information" is another genre of intellectual property. Copyright law protects the particular arrangement of the contents of telephone directories and reference works, n19 while other forms of gathered information may have quasi-property status under International News Service v. Associated Press. n20

      Intellectual property is the property created or recognized by the existing legal regimes:

      • copyright
      • patent
      • trademark
      • trade secret

      And other legal regimes including:

      • semiconductor masks
      • gathered information
      • particular arrangements of directories and reference works
      • quasi-property status
    2. Like most subjects, intellectual property has grey zones on the periphery, such as the right to publicity -- whether, in property style, someone can control his public image.

      Right to publicity

    1. What rationale is important to include in a brief? This is probably the most difficult aspect of the case to determine. Remember that everything that is discussed may have been relevant to the judge, but it is not necessarily relevant to the rationale of the decision. The goal is to remind yourself of the basic reasoning that the court used to come to its decision and the key factors that made the decision favor one side or the other.

      Extraction. What rationale is important to include in a brief?

    2. Why highlight? Like annotating, highlighting may seem unimportant if you create thorough, well-constructed briefs, but highlighting directly helps you to brief. It makes cases, especially the more complicated ones, easy to digest, review and use to extract information. Highlighting takes advantage of colors to provide a uniquely effective method for reviewing and referencing a case. If you prefer a visual approach to learning, you may find highlighting to be a very effective tool.

      Why highlight?

    3. In addition to making it easier to review an original case, annotating cases during the first review of a case makes the briefing process easier. With adequate annotations, the important details needed for your brief will be much easier to retrieve. Without annotations, you will likely have difficulty locating the information you seek even in the short cases. It might seem strange that it would be hard to reference a short case, but even a short case will likely take you at least fifteen to twenty-five minutes to read, while longer cases may take as much as thirty minutes to an hour to complete. No matter how long it takes, the dense material of all cases makes it difficult to remember all your thoughts, and trying to locate specific sections of the analysis may feel like you are trying to locate a needle in a haystack. An annotation in the margin, however, will not only swiftly guide you to a pertinent section, but will also refresh the thoughts that you had while reading that section.

      Why annotate a legal brief?

    1. Legal Writing for the Courts: An Annotated Bibliography
      • Mechanics
      • Argument
      • Style
      • Writing and Editing Process
      • Legal Briefs
      • Samples
    1. The judgment below for that reason must be reversed.

      Court reverses decision of lower court in favor of the plaintiff since he was characterized as a public official.

    2. Various points are discussed in the briefs, but to us the dominant and conspicuous inquiry in the case is, was the plaintiff, during the period of this transaction, a public officer, charged with the enforcement of the law?
    3. Dicta Dicta refers to anything that isn't relevant to the case's holding. Often judges will use a case to expound upon their theories of the law. The theories may not be relevant to the case at hand, but it gives the judge a chance to give direction to the lower courts by putting the theory in writing. Dicta does not carry weight as a precedent. But it's useful to note how the court might have ruled given a different set of circumstances.

      dicta refers to anything that isn't relevant to the case's holding.

    4. THE ELEMENTS OF BRIEFING Procedural History Legal Issue Facts of Case Statement of Rule Policy Dicta Reasoning Holding Concurrence Dissents

      The Elements of Briefing

      • Procedural History
      • Legal Issue
      • Facts of Case
      • Statement of Rule
      • Policy
      • Dicta
      • Reasoning
      • Holding
      • Concurrence
      • Dissents
    1. Reasoning The reasoning gives the reader insight into how the court arrived at its decision. It is instructive in nature. Courts often back their holdings with several lines of reasoning, each of which should be summarized in this section. Unnecessary repetition of facts or the issue should be avoided. A court�s rationale for its holding might be a simple explanation of its thought process. Alternatively, the reasoning might be based on the plain language of the statute, Congressional intent, the re-enactment doctrine, or other common means of resolving judicial disputes.

      Several lines of reasoning may be used to back the Court's holdings and may be:

      • a simple explanation of the Court's thought processes
      • based on the plain language of the statute
      • congressional intent
      • re-enactment doctrine
      • other common means of resolving judicial disputes (what are those?)
    2. Holding As the issue�s complement, the holding consists of two parts: (1) a “yes” or “no” conclusion to the brief�s issue and (2) the rule of law the court establishes. The rule of law is a guidepost that courts use to decide future cases based on the legal concept of stare decisis (judicial tendency to follow prior decisions).

      The holding has two parts:

      1) A decision on the legal issue (yes/no)

      2) The rule of law the court establishes

    3. Beginning the issue with “are” or “is” often leads to a clearer and more concise expression of the issue than beginning it with “may,” “can,” “does,” or “should.” The latter beginnings may lead to vague or ambiguous versions of the issue. Examine the following alternative statements of the judicial issue from Aiken Industries, Inc. (TC, 1971), acq.: Issue 2 (Poor): Are the interest payments exempt from the withholding tax? Issue 2 (Poor): Should the taxpayer exempt the interest payments from withholding tax? In the first version of issue 2 above, to which interest payments and which withholding tax is the writer referring? The issue does not stand alone since it cannot be precisely understood apart from separately reading the brief�s facts. The extreme brevity leads to ambiguity. In the second version, the question can be interpreted as a moral or judgment issue rather than a legal one. Whether the taxpayer should do (or should not do) something may be a very different issue than the legal question of what the law requires. A legal brief, however, should focus on the latter. Rewriting issue 2 as follows leads to a clearer expression of the precise issue: Issue 2 (Better): Are interest payments exempt from the U.S. 30% withholding tax when paid to an entity established in a tax treaty country for no apparent purpose other than to escape taxation on the interest received?

      Extreme brevity leads to ambiguity. The summary of the issue should be written to avoid opening the question to interpretation as a moral or judgment issue; instead focus on the legal question.

    4. Issues should be stated so that they “stand alone.” That is, issues should be completely understandable without reference to the facts or other sections of the brief or judicial decision. Use of the definite article “the” indicates that the issue does not stand alone when it alludes to prior information.

      The summary of the issue should "stand alone" or be self-contained such that enough context and background is included in the summary to not have to refer to the document it came from.

      I think this is an important pattern to use elsewhere, as well.

    1. dural issue : What is the appealing party claiming the lower court did wrong (e.g., ruling on evidence, jury instructions, granting of summary judgment, etc.)?

      Procedural issue. What is the appealing party claimin ghte lower court did wrong:

      • ruling on evidence
      • jury instructions
      • granting of summary judgment
    2. b. Identify legally relevant facts, t hat is, those facts that tend to prove or disprove an issue before the court. The relevant facts tell what happened before the parties enter ed the judicial system. c. Identify procedurally significant facts. You should set out (1) the cause of action (C/A) (the law the plaintiff claimed was broken), (2) relief the plaintiff requested, (3) defenses, if any, the defendant raised.
    3. Identify the relationship/status of the parties (Note: Do not merely refer to the parties as the plai ntiff/defendant or appellant/appellee; be sure to also include more descr iptive generic terms to identify the relationship/status at issue, e.g., buyer/seller, employer/employee, landlord/tenant, etc.)

      Identify the factual relationship of the parties, not just the procedural relationship.

      Examples of procedural:

      • plaintiff/defendant
      • appellant/appellee

      Examples of factual:

      • buyer/seller
      • employer/employee
      • landlord/tenant
    4. Functions of case briefing A. Case briefing helps you acquire the skills of case analysis and legal reasoning. Briefing a case helps you understand it. B. Case briefing aids your memory. Briefs help you remember the cases you read (1) for class discussion, (2) fo r end-of-semester review for final examinations, and (3) for writing and analyzing legal problems.

      Briefing a case helps you understand it and acquire skills of:

      • case analysis
      • legal reasoning

      Case briefing is good for:

      • aids memory
      • class discussion
      • end-of-semester review for final exams
      • writing and analyzing legal problems
    5. nctions A. A case brief is a dissection of a judici al opinion -- it contains a written summary of the basic components of that decision. B. Persuasive briefs (trial and appella te) are the formal documents a lawyer files with a court in support of his or her client’s position

      Distinctions

    1. A CAUTIONARY NOTE Don’t brief the case until you have read it through at least once. Don’t think that because you have found the judge’s best purple prose you have necessarily extracted the essence of the decision. Look for unarticulated premises, logical fallacies, manipulation of the factual record, or distortions of precedent. Then ask, How does this case relate to other cases in the same general area of law? What does it show about judicial policymaking? Does the result violate your sense of justice or fairness? How might it have been better decided?

      Read the case to identify:

      • unarticulated premises
      • logical fallacies
      • manipulation of the factual record
      • distortions of precedent.

      Then ask:

      • How does this case relate to other cases in the same general area of law?

      • What does it show about judicial policymaking?

      • Does the result violate your sense of justice or fairness?

      • How might it have been better decided?

  21. Jan 2014
    1. the parties, the procedural posture, the facts, the issue , the h olding, and the analysis.

      Parts of a judicial opinion identified in a student brief:

      • parties
      • procedural posture
      • facts
      • issues
      • holding
      • analysis
    2. When a law student briefs a case, he typically identifies several pieces of information: the parties, the procedural posture, the facts, the issue , the h olding, and the analysis. Although it seems foreign at first, identifying this information, understanding judicial opinions , and applying their reasoning to new cases becomes much easier with practice.

      The legal brief described here is a student brief, not to be confused with an appellate brief; the distinction is described in more detail in How To Brief a Case.

    1. Student brief A student brief is a short summary and analysis of the case prepared for use in classroom discussion. It is a set of notes, presented in a systematic way, in order to sort out the parties, identify the issues, ascertain what was decided, and analyze the reasoning behind decisions made by the courts. Although student briefs always include the same items of information, the form in which these items are set out can vary. Before committing yourself to a particular form for briefing cases, check with your instructor to ensure that the form you have chosen is acceptable.
    2. Appellate brief An appellate brief is a written legal argument presented to an appellate court. Its purpose is to persuade the higher court to uphold or reverse the trial court’s decision. Briefs of this kind are therefore geared to presenting the issues involved in the case from the perspective of one side only. Appellate briefs from both sides can be very valuable to anyone assessing the legal issues raised in a case. Unfortunately, they are rarely published. The U.S. Supreme Court is the only court for which briefs are regularly available in published form. The Landmark Briefs series (REF. LAW KF 101.9 .K8) includes the full texts of briefs relating to a very few of the many cases heard by this court. In addition, summaries of the briefs filed on behalf of the plaintiff or defendant for all cases reported are included in the U.S. Supreme Court Reports. Lawyer’s Ed., 2nd. series (REF. LAW KF 101 .A42).
    3. Confusion often arises over the term “legal brief.” There are at least two different senses in which the term is used.

      Two different sense of the term legal brief are described here: appellate brief and student brief.

    1. The criminal investigation and today’s indictment of Mr. Swartz has been directed by the United States Attorney’s Office. It was the government’s decision whether to prosecute, not JSTOR’s. As noted previously, our interest was in securing the content. Once this was achieved, we had no interest in this becoming an ongoing legal matter.

      How was this initiated?

  22. Oct 2013
    1. There are three kinds of rhetoric: A. political (deliberative), B. forensic (legal), and C. epideictic (the ceremonial oratory of display). Their (1) divisions, (2) times, and (3) ends are as follows: A. Political (1) exhortation and dehortation, (2) future, (3) expediency and inexpediency; B. Forensic (1) accusation and defence, (2) past, (3) justice and injustice; C. Epideictic (1) praise and censure, (2) present, (3) honour and dishonour.

      This is an interesting paragraph.

  23. Aug 2013
    1. the end of the first trimester

      There's much recent discussion about the start of pregnancy biologically, and as commonly recognized by a physician.