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9 May 2024, 7:00 am by Public Employment Law Press
Supreme Court has imposed a three-part test to determine whether a work is obscene:the average person ... would find that the work, taken as a whole, appeals to the prurient interest;the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law; andthe work, taken as a whole, lacks serious literary, artistic, political, or scientific value.[5]The purpose of the third requirement is, as the Court explained in Jacobellis v… [read post]
9 May 2024, 7:00 am by Public Employment Law Press
Supreme Court has imposed a three-part test to determine whether a work is obscene:the average person ... would find that the work, taken as a whole, appeals to the prurient interest;the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law; andthe work, taken as a whole, lacks serious literary, artistic, political, or scientific value.[5]The purpose of the third requirement is, as the Court explained in Jacobellis v… [read post]
9 Mar 2024, 6:30 am by Guest Blogger
  (They are hard to find in decisions like Crawford v. [read post]
29 Jan 2024, 5:00 am by jonathanturley
 For those fearing an “ex machina” future, there is an equal number of people fearing an ex-privacy future in the balance of this debate. [read post]
5 Jul 2023, 7:45 am by Daniel M. Kowalski
Austin Kocher recently noted, those glitches have impacted who gets those appointments: the initial release of CBP One was accompanied by a variety of tech failures that did not necessarily undermine CBP’s ability to fill up its appointments calendar for asylum seekers but did create barriers to entry for migrants who were less tech savvy, could not access high-speed Internet, were part of larger families, or, either directly or indirectly, migrants who were darker-skinned or Black.5… [read post]
19 Jan 2023, 10:52 am by Eugene Volokh
No, said the Alabama intermediate appellate court last year (though apparently without a published majority opinion), and last Friday the Alabama Supreme Court declined to hear the case, also without a published opinion, in Ex Parte Rodriguez. [read post]
9 Dec 2022, 9:30 am by jonathanturley
Second, destruction of documents could also prove relevant as part of an investigation into whether false statements were given under oath. [read post]
5 Dec 2022, 6:33 am by jonathanturley
Twitter’s ex-safety chief, Yoel Roth, later said the decision was a “mistake” but the story “set off every single one of my finely tuned APT28 hack and leak campaign alarm bells. [read post]
12 Oct 2022, 8:56 am by Daniel Shaviro
Yesterday at the colloquium, Bridget Crawford presented Pink Tax and Other Tropes. [read post]
11 Jun 2022, 10:48 pm by Michael Ehline
Some felt bad for the ex-MMA fighter and pitied her for her reckless driving situation. [read post]
7 Jun 2022, 12:16 pm by Jeralyn
Emphasis by me as to the parts that could be considered defamatory. [read post]
24 Jan 2022, 9:41 pm by Shaakirrah Sanders
Crawford dictates “against the use of ex parte examinations [like Morris’ plea allocution] as evidence against the accused. [read post]
7 Jan 2022, 12:30 pm by John Ross
Victims of Jaysh al-Mahdi's terrorist attacks that were in part funded by those kickbacks sue the companies under the Anti-Terrorism Act. [read post]
4 Oct 2021, 3:30 pm by Shaakirrah Sanders
” According to the court, the framers intended the confrontation clause to prohibit ex-parte examinations as evidence against the accused. [read post]
4 Jun 2021, 2:42 pm by Dennis Crouch
In 2010, Judge White stayed the lawsuit pending outcome a parallel lawsuit against Wal-Mart and an ex parte reexamination of the patent at issue. [read post]
15 Dec 2020, 8:30 am by Eugene Volokh
Businesses whose employees are the targets of violent stalkers or jealous exes, or perhaps even the targets themselves, g., Rojas v. [read post]