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28 Jun 2021, 9:45 am by Eugene Volokh
.'" Thus, "other legal process" should be understood to be process much like the processes of execution, levy, attachment, and garnishment, and at a minimum, would seem to require utilization of some judicial or quasi-judicial mechanism, though not necessarily an elaborate one, by which control over property passes from one person to another in order to discharge or secure discharge of an allegedly existing or anticipated liability.[11] "[O]therwise… [read post]
1 Jun 2021, 7:42 am by Eric Goldman
I am forced to the conclusion that this incident well illustrates the truth of the old saying that it makes a lot of difference whose ox is gored. [read post]
17 Feb 2021, 5:01 am by Eugene Volokh
I'm continue to serialize my forthcoming UC Davis Law Review article What Cheap Speech Has Done: (Greater) Equality and Its Discontents; you can read the Introduction, but in this post I'm talking about how "cheap speech" has brought back criminal remedies for libel. [read post]
21 Apr 2020, 5:00 am by Josh Blackman
According to the dissent, that statement is dicta later repudiated in SAS Institute Inc. v. [read post]
30 Mar 2020, 4:59 am by Chris Wesner
To prevail on a nondischargeability claim under § 523(a)(2)(A), a creditor must demonstrate that the debtor intended to defraud the creditor, and to succeed under § 523(a)(6) the creditor must show that the debtor intended to injure the creditor or the creditor’s property. [read post]
4 Feb 2020, 5:01 am by Eugene Volokh
" Application of Nat'l Broadcasting, Inc., 828 F.2d 340, 345 (6th Cir. 1987). [read post]