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California Defamation Law Blog

By Adrianos Facchetti.

http://www.defamationlawblog.com/

Sep 14
Are Statements About Future Events Defamatory?

Are Statements About Future Events Defamatory?

As I’ve written about before, there is a thin and often elusive line between what is actionable defamation and what is non-actionable opinion. An example of a type of statement that often confounds lawyers is one that appears to be a…
Dec 4
Corporations May Not Maintain A Claim For False Light

Corporations May Not Maintain A Claim For False Light

Plaintiffs often make the mistake of alleging claims of false light on behalf of corporations. This often occurs when the case also involves individual plaintiffs, particularly in the context of internet defamation. It springs from a…
Feb 5
5 Common Mistakes Lawyers Make When Drafting Defamation Complaint

5 Common Mistakes Lawyers Make When Drafting Defamation Complaint

In my defamation practice I see lawyers continually making the same mistakes when they draft complaints. Unfortunately for their clients, these drafting errors often lead to partial or complete dismissals of their lawsuits. Here are just five…

Rank this Week: 4012

Crime & Federalism

Covers civil rights, criminal law, federalism, and Section 1983. By Norman Pattis and Michael Cernovich.

http://www.crimeandfederalism.com/

Apr 27
Who Owns Your Favorite Pundit? How to Follow the Money

Who Owns Your Favorite Pundit? How to Follow the Money

Most of your favorite pundits are owned by the same big donors who control elections. These relationships are never disclosed. You can, however, help me expose the corrupt. Go to Guidestar.org It's free to register. Search for the name of the…
Feb 10
Clifford Durand and Violence Against Women Allowed on Twitter

Clifford Durand and Violence Against Women Allowed on Twitter

Clifford Durand is a student at St. John's University who recently threatened to "smash" a "bitch" in his class because she had a Donald Trump sticker on her computer. (You can find an archive of the Tweet here.) None of…
Jan 25
Marc Randazza Learns a Hard Lesson on Loyalty and Life

Marc Randazza Learns a Hard Lesson on Loyalty and Life

Marc Randazza is a lawyer's lawyer. When someone threatened you with a lawsuit or some up drama came up, Randazza was the man you called. He was more generous with his time than any lawyer I'd ever known. As one of his many lawyer-clients,…

Rank this Week: 683

Colorado Common Law

Covers state public record law, civil rights, and obscenity. By Joe Thomas.

http://cocommonlaw.com

Jan 23
Moving to a New Website

Moving to a New Website

Dear Readers, I am moving to a new website: Intermediate Scrutiny. The change is necessary because I am longer located in Arizona. Because of life circumstances, I recently moved to Washington State and became a licensed attorney…
Apr 11
Vaughn Index in Colorado Public Record

Vaughn Index in Colorado Public Record

A Vaughn index is a tool used in public records disputes where the person requesting documents, will ask the court to compel the records custodian to list all responsive documents and explain why or why not the documents should be released.…
Apr 8
Banning Homelessness in Colorado

Banning Homelessness in Colorado

It appears a sad new trend in Colorado is to create policies or laws, treating homelessness as a criminal condition. A new report, “No Right to Rest: Criminalizing Homelessness in Colorado” which details the efforts cities and…

Rank this Week: 881

The University of Chicago Law…

The University of Chicago Law School Faculty Blog

Covers constitutional law, copyright/technology, corporate law, criminal law, free speech, genetic testing, international law, national security and more.

http://uchicagolaw.typepad.com/faculty/

Jan 22
Notice and Comment, Behavioral Economics, and United States v. Texa

Notice and Comment, Behavioral Economics, and United States v. Texa

Assistant Professor Daniel Hemel on the Supreme Court’s certiorari grant in United States v. Texas: In many respects, the Supreme Court’s cert grant earlier this week in United States v. Texas was utterly unsurprising. The Fifth Circuit…
Jan 6
Friedrichs, Free-Riding, and Life After the Agency Shop

Friedrichs, Free-Riding, and Life After the Agency Shop

Assistant Professor Daniel Hemel and UC Berkeley Jurisprudence & Social Policy Ph.D. candidate David Louk on next Monday’s Supreme Court oral argument in Friedrichs v. California Teachers Association: The Supreme Court will soon decide…
Jan 1
The Tax Returns of the Top 400: A Deeper Dive

The Tax Returns of the Top 400: A Deeper Dive

Assistant Professor Daniel Hemel on taxes paid by the highest earners in the United States: The IRS released data this week on the 400 individual income tax returns with the highest adjusted gross incomes (AGIs). According to the IRS data,...

Rank this Week: 2272

Charter Cases

Covers court decisions involving Canada’s Charter of Rights and Freedoms.

http://www.chartercases.com/

Nov 27
R. v. Appulonappa, 2015 SCC 59

R. v. Appulonappa, 2015 SCC 59

The accused were a group of Sri Lankan migrants apprehended from a ship off the west coast of British Columbia. They stood charged under s. 117 of the Immigration and Refugee Protection Act, which made it an offence to “organize,…
Apr 13
R. v. Nur, 2015 SCC 15

R. v. Nur, 2015 SCC 15

The Supreme Court of Canada’s decision in Nur considers the constitutionality of a three-year mandatory minimum sentence for unlicensed possession of a loaded firearm. Continue reading →
Feb 5
Carter v. Canada (Attorney General), 2015 SCC 5

Carter v. Canada (Attorney General), 2015 SCC 5

In Carter, the Supreme Court reconsidered the constitutionality of the prohibition on assisted suicide, which had previously been upheld in Rodriguez. Continue reading →

Rank this Week: 3115

Religious Law Blog

Covers religious law and liberty issues affecting churches, ministries, and individuals. By Telios Law PLLC.

http://telioslaw.com/religious-law-blog-posts

Oct 28
Seven Ways to Clarify Spiritual Discipline: Process for Handling Misconduct Within the Church

Seven Ways to Clarify Spiritual Discipline: Process for Handling Misconduct Within the Church

The disciplinary process for erring employees is intertwined with statutory provisions. You may become involved with the Civil Rights Division or the EEOC, even as a religious organization. Whether you can address issues internally and…
Sep 7
Religious Organizations and Gay Marriage

Religious Organizations and Gay Marriage

The United States Supreme Court recently declared in Obergefell v. Hodges that all states must recognize same-sex unions to the same extent as traditional marriages. What does it say and not say about "marriage equality" and what should…
Sep 7
Options for Reporting Child Abuse in an International Context

Options for Reporting Child Abuse in an International Context

If the alleged abuse happened in a country where reporting protocol is not established—or you have a multi-jurisdictional nightmare—or abuse that is historic—it may not be clear whether and how to report. All reports…

Rank this Week: 906

Legislative Blog

The official Americans United blog on legislation and activities of lawmakers.

https://www.au.org/blogs/legislative

Sep 21
To EACH Their Own (Religious Exemption)

To EACH Their Own (Religious Exemption)

Elise Helgesen AguilarLegislativeWe have lately become all too familiar with demands for religious exemptions from the contraception coverage requirements of the Affordable Care Act (ACA). Now, the Equitable Access to Care and Health (EACH)…
Sep 21
To EACH Their Own (Religious Exemption)

To EACH Their Own (Religious Exemption)

Elise Helgesen AguilarLegislativeWe have lately become all too familiar with demands for religious exemptions from the contraception coverage requirements of the Affordable Care Act (ACA). Now, the Equitable Access to Care and Health (EACH)…
May 29
Governors Push for Private School Voucher

Governors Push for Private School Voucher

Vanessa WolbrinkLegislativeThe public (63%) does not support private school vouchers: every time a voucher program has been put to a vote in the past 45 years, the voters have rejected it. Despite this disapproval, Governors around the…

Rank this Week: 1190

Michigan Criminal Appeals

Covers criminal appellate law. By Stuart G. Friedman.

http://www.crimapp.com/index.php

Aug 22
Excellent Critique of the Reid Method

Excellent Critique of the Reid Method

A friend just sent me a 2013 New Yorker article on the Reid Method of Interrogation called “The Interview: Do Police Interrogation Techniques Produce False Confessions?” ... In doing a little research on the subject, I also…
Aug 9
Mich. Supreme Court Strikes Down Sentencing Guideline

Mich. Supreme Court Strikes Down Sentencing Guideline

In much anticipated ruling, the Michigan Supreme Court has struck down the Michigan Sentencing Guidelines on Sixth Amendment grounds. For the last decade, the Court has been steadfastly refusing to consider this issue. ... The Michigan…
Jul 31
SCOTUS Strikes Down ACA's Residual Clause

SCOTUS Strikes Down ACA's Residual Clause

In Johnson v United States, the Supreme Court struck down the residual clause which made individuals guilty of violating this offense for having prior offenses which had a general element of violence. Under the modified categorical…

Rank this Week: 745

First Amendment Lawyer Blog

Covers the First Amendment and public records. By Karl Olson.

http://www.firstamendmentlawyerblog.com/

May 4
Judges Aren't Politicians, High Court Say

Judges Aren't Politicians, High Court Say

Does someone who wants to be a judge have a First Amendment right to hit people up for campaign money? Thankfully, the U. S. Supreme Court says "no," in a 5-4 decision filed April 29. The Court's split decision will hopefully keep the…
May 4
Judges Aren’t Politicians, High Court Say

Judges Aren’t Politicians, High Court Say

Does someone who wants to be a judge have a First Amendment right to hit people up for campaign money? Thankfully, the U. S. Supreme Court says “no,” in a 5-4 decision filed April 29. The Court’s split decision will…
May 4
Judges Aren’t Politicians, High Court Say

Judges Aren’t Politicians, High Court Say

Does someone who wants to be a judge have a First Amendment right to hit people up for campaign money? Thankfully, the U. S. Supreme Court says “no,” in a 5-4 decision filed April 29. The Court’s split decision will…

Rank this Week: 4057

The Legal Optimist

By Rosie Brown.

http://legaloptimist.wordpress.com

Aug 27
Do I have a right to counsel for probation violation proceedings?

Do I have a right to counsel for probation violation proceedings?

Yes, you do have a right to have an attorney for probation violation proceedings in the State of Tennessee. Tennessee Code Annotated § 40-35-311(b) provides that a defendant is entitled to be represented by counsel at a hearing on a…
Aug 27
Do I have a right to counsel for probation violation proceedings?

Do I have a right to counsel for probation violation proceedings?

Yes, you do have a right to have an attorney for probation violation proceedings in the State of Tennessee. Tennessee Code Annotated § 40-35-311(b) provides that a defendant is entitled to be represented by counsel at a hearing on a…
Mar 27
Tell Governor Haslam Not to Resume Executions in Tennessee

Tell Governor Haslam Not to Resume Executions in Tennessee

Join Tennesseans for Alternatives to the Death Penalty to obtain an adequate number of signatures to influence Governor Haslam’s political choices. In short, Tennessee is slated to resume executing death row inmates this…

Rank this Week: 424

New Jersey Eminent Domain Law Blog

This blog is dedicated to informing the general public, as well as attorneys and real estate professionals, about current condemnation and redevelopment procedures and their impact on private property. Published by William J. Ward of Carlin Ward.

http://www.njeminentdomain.com/

Jun 10
Eminent Domain and the Underwater Mortgage

Eminent Domain and the Underwater Mortgage

A number of cities in New Jersey, including Irvington and Newark, are considering using the power of eminent domain to aid homeowners whose mortgages are underwater. A mortgage is underwater when its unpaid balance is greater than the…
Jan 14
If this isn't inverse condemnation, what is?

If this isn't inverse condemnation, what is?

In 100 Paterson Realty LLC v. Hoboken, the Appellate Division addressed the standard for determining whether an inverse condemnation has taken place: whether the threat of condemnation has had such a substantial effect as to destroy all…
Oct 24
NJ beachfront owners hold out for eminent domain

NJ beachfront owners hold out for eminent domain

One year after Hurricane Sandy made landfall in New Jersey on October 29, 2013, demands by public officials for the voluntary surrender of property are strident. Local mayors and the governor seek the conveyance of beachfront easements…

Rank this Week: 339

The Privacy Law Site

Covers privacy laws and regulations.

http://privacy-law.blogspot.com/

Mar 25
White House to Propose End to Bulk Collection

White House to Propose End to Bulk Collection

According to the The New York Times, President Obama plans to propose legislation that would end bulk collection of phone records under Sec. 215 of the Patriot Act, keep the records in the hands of the phone companies, and require…
Jun 29
26 Senators Seek Details on Information Collection from NSA

26 Senators Seek Details on Information Collection from NSA

26 Senators have sent a letter to DNI James Clapper seeking examples of how bulk collection of phone records information from provided unique intelligence.The AP reports the story here.
Jun 29
COPPA Limits on Collection of Children's Information Applies to Apps as of July 1, 2013

COPPA Limits on Collection of Children's Information Applies to Apps as of July 1, 2013

Congress amended COPPA in 2012 to cover online services such as apps. As was previously the case, the law only applies to apps "directed at" children under the age of 13, or have actual knowledge of collection of personal information from…

Rank this Week: 676

The Law & Other Legal Musings

The purpose of this blog is to unite members of the legal profession, law professors, and students in a light-hearted, amicable discussion of anything from up-and-coming SCOTUS decisions to the issues facing lawyers given the ever-changing legal market.

http://thelegalmusing.tumblr.com

Dec 10
Brief-writing hiccup

Brief-writing hiccup

As we charge (coast? drift?) through exam season, I thought I’d take a moment to share a...
Oct 10
Amish advocates | The Indiana Lawyer

Amish advocates | The Indiana Lawyer

Amish advocates | The Indiana Lawyer: An interesting and highly contextual practice…
Oct 1
Misplaced court order not the same as undelivered, COA rules | The Indiana Lawyer

Misplaced court order not the same as undelivered, COA rules | The Indiana Lawyer

Misplaced court order not the same as undelivered, COA rules | The Indiana Lawyer: It’s...

Rank this Week: 2109

Not a Potted Plant

Covers life in California, law, food, and politics. By Transplanted Lawyer.

http://notapottedplant.blogspot.com/

Jul 24
This blog is now resident within the…

This blog is now resident within the online magazine Ordinary Times. Editor-in-Chief Erik Kain introduces the newly-revamped blog -- which looks really more of a net magazine, in my opinion. Not A Potted Plant is a category of posts…
Mar 5
Watering The Tree Of Liberty

Watering The Tree Of Liberty

Watching the protests in Egypt last month descend into violence, especially seeing video from the BBC and CNN of pro-democracy protesters clashing with agents of the authoritarian status quo in one of Cairo's most important
Feb 6
Super Bowl Halftime Entertainment

Super Bowl Halftime Entertainment

Here's the recent history:2001: Aerosmith (and guests)2002: U22003: Shania Twain (and guests)2004: Janet Jackson And Her All-Star Nipple 2005: Paul McCartney 2006: The Rolling Stones2007: Prince (and guests)2008: Tom Petty and the…

Rank this Week: 4130

Cairns Blog

Covers the First Amendment, democracy and design in the digital age. By New York Law School Professor Beth Simone Noveck and members of the First Amendment in the Digital Age Course at Stanford University.

http://cairns.typepad.com/blog/

Jun 19
From Russia with Love

From Russia with Love

A few days ago I gave a presentation on “Solving Public Problems with Crowdsourcing” for 80 assembled governors of the Russian Federation outside of Moscow at an event on Contemporary Management Technologies. The presentation was…
Jun 5
Wiki Style Government

Wiki Style Government

The Public Administration Select Committee of the UK Parliament issued a Report on Public Engagement in Policymaking calling for “wiki style” approaches to policymaking and creating greater engagement in the workings of…
Jun 3
“Groupy Once More”: J. Richard Hackman on Group Behavior and Performance

“Groupy Once More”: J. Richard Hackman on Group Behavior and Performance

This week family and friends of the late Richard Hackman, who passed away in January, gather in Cambridge, Massachusetts to celebrate his life and work. He devoted his career as a social and organizational psychologist to studying what makes…

Rank this Week: 1160

DailyWrit

Covers the US Supreme Court. By Kedar Bhatia.

http://dailywrit.com

Apr 23
Agreement Between Justices Scalia and Thomas During October Term 2012

Agreement Between Justices Scalia and Thomas During October Term 2012

Over at Twitter, Mike Sacks posted an interesting question about the agreement rate between Justices Scalia and Thomas during October Term 2012: Is it me, or have Thomas and Scalia been on opposite sides a lot more this term than in the past?…
Jan 24
Advocates Arguing from Private Practice (OT 2000-2011)

Advocates Arguing from Private Practice (OT 2000-2011)

In my last post, I provided a list of the top Supreme Court advocates of the twenty-first century who had never worked in the Office of the Solicitor General. As a comment on that post mentions, some who made my list had previous experience…
Jan 24
Top Supreme Court Advocates of the Twenty-First Century

Top Supreme Court Advocates of the Twenty-First Century

I have a new Article out in the Journal of Legal Metrics entitled Top Supreme Court Advocates of the Twenty First Century. You can download the article here here. This Article identifies the Supreme Court litigators who have argued at least…

Rank this Week: 552

Legal Dispatches

By Emiily Maruja Bass.

http://basslaw.wordpress.com/

Jun 27
The Justices Are Not Writing On A Blank Slate

The Justices Are Not Writing On A Blank Slate

When legal scholars consider instances over the past 25 years in which the Supreme Court has struck down federal legislation as unconstitutional, two cases come up most frequently: United States v Lopez, 514 U.S. 549 (1995), and United States…
Jun 27
The Justices Are Not Writing On A Blank Slate

The Justices Are Not Writing On A Blank Slate

When legal scholars consider instances over the past 25 years in which the Supreme Court has struck down federal legislation as unconstitutional, two cases come up most frequently: United States v Lopez, 514 U.S. 549 (1995), and United States…
May 30
Health Care Reform: Has The Supreme Court Already Embraced The Individual Mandate?

Health Care Reform: Has The Supreme Court Already Embraced The Individual Mandate?

Is President Obama’s health-care law dead? Ever since the United States Supreme Court heard arguments about its constitutionality in late March, speculation has been rife that, at a minimum, the Justices will strike down the individual…

Rank this Week: 3116

Meeting the Sin Laws

Covers laws affecting adult entertainment, alcoholic beverages and other vice industries. By Cary Wiggins.

http://meetingthesinlaws.com/

Mar 6
Michigan man files lawsuit over high price of movie popcorn

Michigan man files lawsuit over high price of movie popcorn

That’s the title of this article, which appeared in yesterday’s Los Angeles Times (online). Potential Client: So anyway, after adding the hot butter (and up-sizing to an extra-large fountain soda), the bill was, like, huge! Lawyer:…
Feb 22
Davenport strip club to remain open

Davenport strip club to remain open

The Iowa appellate courts continue to impress me (for one). Radio Iowa reports here that the Iowa Court of Appeals‘ decision will stand:
Oct 26
Is the consumption of liquor both a moral obligation and a sacred right?

Is the consumption of liquor both a moral obligation and a sacred right?

I doubt it. But don’t tell that to a group known as “Ethereal Enigmatic Euphoric Movement towards Civilized Hedonism, LTD.” That group sued the State of Idaho in federal court:

Rank this Week: 2473

The First: First Amendment…

The First: First Amendment Project's Weblog

Covers First Amendment Issues. From the First Amendment Project.

http://www.thefirstamendment.org/blog/

Dec 21
Hear No Evil, See No Evil, Condemn No Evil

Hear No Evil, See No Evil, Condemn No Evil

The latest issue of Index on Censorship magazine includes an interview with Jytte Klausen about her new book on the Danish cartoons crisis and why Yale University Press chose to publish it without any illustrations. Index on Censorship…
Oct 13
Ralph Lauren: Impossibly Skinny, Impossibly Fashionable

Ralph Lauren: Impossibly Skinny, Impossibly Fashionable

Yep. Believe it or not, the Ralph Lauren model above has not been manipulated. At least not by me. By Ralph's fashion empire. He placed her in a slightly different context however. Note the body types though. Spot any differences?I cannot…
Sep 7
Anonymity: Social responsibility, civility...or fear?

Anonymity: Social responsibility, civility...or fear?

An article in the New York Times, China Web Sites Seeking Users’ Names, reveals a new intrusion by Chinese authorities. This argument against anonymity has been made here in the United States as well. Recently Google revealed the name of a…

Rank this Week: 797

The TransAtlantic Assembly

Blog of American and European Practitioners and Academics on European and American Constitutional Law (with an eye to the European Constitution), International Law, European Law, and Law and Philosophy.

http://transatlanticassembly.blogspot.com/

Sep 4
Italy's tragic future

Italy's tragic future

Silvio Berlusconi is a modern dictator. He controls all the most important functions of the state and is THE key player in the private sphere. Modern dictators are characterized by an ability to disguise their authoritarianism through subtle…
Sep 2
No to Barroso

No to Barroso

Does anyone out there know who Barroso is? More importantly does anybody know what was his best achievement during his four years as President of the European Commission, the highest institution within the EU? Very few will be able to answer…
Jul 25
Obama's Transatlantic Speech

Obama's Transatlantic Speech

Berlin was like a honeymoon between America and Europe. But Obama's honey words, were a little too sweet:

Rank this Week: 1169

U.S. Supreme Court Blog

Summaries and Commentary on Supreme Court Cases. From Tim Cone.

http://ussc.blogspot.com/

Jun 8
Boyle v. United States: Not much structure needed for RICO

Boyle v. United States: Not much structure needed for RICO

The Supreme Court held that an association-in-fact enterprise under RICO, 18 U.S.C. § 1962(c), must have a "structure," but it need not be, as Boyle sought the jury to be instructed in his bank robberies case, "an ascertainable structure…
Jun 1
Bobby v. Bies: No Double Jeopardy bar on mental capacity in death case

Bobby v. Bies: No Double Jeopardy bar on mental capacity in death case

A State court’s determination that a defendant’s mental retardation was a mitigating factor in the penalty phase of a capital case does not trigger Double Jeopardy issue preclusion, and foreclose the question whether, in the wake of the…
May 26
Montejo v. Lousiana: Michigan v. Jackson overruled leaving an interrogation free-for-all

Montejo v. Lousiana: Michigan v. Jackson overruled leaving an interrogation free-for-all

An inculpatory statement given by a defendant to police after the court ordered the appointment of counsel may be introduced at trial as evidence against him. In so holding, the Court overruled Michigan v. Jackson, which presumed that a…

Rank this Week: 796

Equal Vote: Election Law @ Mortiz

Covers election reform, the Voting Rights Act, the Help America Vote Act, and related topics. Special attention to the voting rights of people of color, non-English proficient citizens, and people with disabilities. Publsihed by Dan Tokaji at Moritz Colle

http://moritzlaw.osu.edu/blogs/tokaji/

Dec 18
The Wrong Approach to Election Reform

The Wrong Approach to Election Reform

The Ohio legislature yesterday approved a bill (SB 380) that would eliminate the window for early registration and absentee voting, among other things.
Nov 7
Reforming Registration

Reforming Registration

On Monday, I identified four problem areas to watch out for on Election Day: 1) lines at the polls, 2) voting equipment, 3) voter registration lists, and 4) provisional and absentee ballots. While machine breakdowns and polling place lines…
Nov 4
What We Don't Know

What We Don't Know

We now know that Barack Obama will be the 44th President of the United States of America. In the enormity of this moment in American history, the gritty details of election administration, upon which my Moritz colleagues and I spend so much…

Rank this Week: 3870

Media Law

Covers freedom of the press. By Robert J. Ambrogi.

http://medialaw.legaline.com/

Rank this Week: 719

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