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21 Mar 2024, 7:37 am by Amy Howe
Under the Supreme Court’s 2019 decision in Nieves v. [read post]
29 Jan 2024, 10:47 am by Amy Howe
Trevino (Mar. 20): What kinds of evidence must a plaintiff alleging that she was arrested in retaliation for speech protected by the First Amendment show to qualify for the exception outlined in Nieves v. [read post]
13 Dec 2023, 5:00 am by Barbara Pfeffer Billauer
Further, the sine qua non of Frye was to prevent incursions into the province of the jury — precisely the trap the NJ court trips on in Nieves. [read post]
5 Oct 2023, 2:38 pm by John Elwood
Four years ago, the Supreme Court held in Nieves v. [read post]
2 May 2023, 2:06 pm by Laura Moraff
As our brief explains, the Fifth Circuit’s decision denies crucial First Amendment protections that the Supreme Court sought to preserve in the 2019 case Nieves v. [read post]
28 Apr 2023, 5:46 am by Michael C. Dorf
Hawaii, SCOTUS rejected the particular retaliation before it in Nieves v. [read post]
12 Dec 2021, 1:09 pm by Dennis Crouch
The test adopted by the Restatement (Third) of Unfair Competition, which allows the use of a person’s identity “in news reporting, commentary, entertainment, works of fiction or nonfiction, or in advertising that is incidental to such uses,” but not “if they are used in advertising the user’s goods or services, or are placed on merchandise marketed by the user, or are used in connection with services rendered by the user. [read post]