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12 Jun 2024, 9:01 am by Eric Goldman
March 27, 2024) (remanding to state court) The two most recent cases are more of the same: Anderson v. [read post]
1 May 2024, 5:48 am by jonathanturley
All of this is being defended in the name of democracy, as was ballot cleansing. [read post]
22 Apr 2024, 5:00 am by Bernard Bell
With those observations, the Court turned to the second prong of its test, namely that the official must purport to be speaking in an official capacity. [read post]
26 Feb 2024, 4:37 am by Peter Mahler
In Anderson v Blabey, the Appellate Division, Fourth Department, affirmed the lower court’s dismissal of a shareholder’s derivative action alleging breach of fiduciary duty and non-compliance with BCL 713 by effectuating a reverse stock split. [read post]
6 Feb 2024, 3:36 pm by Marty Lederman
  (And the fact that Trump’s counsel Jonathan Mitchell doesn’t make any effort to defend this argument should tell you something about its prospects.) [read post]
3 Feb 2024, 9:52 am by Marty Lederman
  Trump’s “I did not engage in insurrection” assertion, in turn, consists of two distinct arguments—namely, (i) that Trump did not incite the violence at the Capitol because he did not intend his followers to use violence; and (ii) that, in any event, incitement to insurrection doesn’t qualify as “engaging in” insurrection, because Section 3 does not establish “vicarious liability. [read post]
25 Jan 2024, 9:01 pm by Dean Falvy
Anderson, the Court has agreed to hear an appeal from the Colorado Supreme Court’s bombshell December 19, 2023 ruling in Anderson v. [read post]
29 Dec 2023, 2:52 pm by Eugene Volokh
July 19, 2007) (concluding that the "defendants' description of [the plaintiff] as a racist" was, as a matter of law, "an opinion and thus is not actionable"); Smith v. [read post]