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16 Dec 2022, 12:49 pm
Interestingly, although the period of the report ends on March 31, 2022, it does NOT mention the ESA v. [read post]
28 Sep 2023, 9:25 am
Masimo Corp. v. [read post]
11 May 2020, 1:09 am
This judicial response was, of course, the standard one before the 1993 Daubert decision, but Justice Blackmun’s opinion kept it alive in frequently quote dicta: “Vigorous cross-examination, presentation of contrary evidence, and careful instruction on the burden of proof are the traditional and appropriate means of attacking shaky but admissible evidence. [read post]
18 Jun 2015, 6:58 am
(Jones v. [read post]
3 Nov 2022, 9:10 am
From Krasno v. [read post]
14 Dec 2023, 4:00 am
Inc. v. [read post]
26 Dec 2013, 8:08 am
The rule does not require use of any particular captioning technology or standards for this – to the contrary, the rule allows VPDs and VPOs to make that determination by mutual agreement. [read post]
24 Jan 2022, 10:41 am
From PETA v. [read post]
23 Aug 2010, 5:48 am
In NetCoalition v. [read post]
15 May 2023, 9:30 pm
An example is Ciraolo v. [read post]
2 May 2022, 10:19 am
Montera v. [read post]
15 Jun 2016, 5:57 am
The SEC, in turn, argued that its interpretation was consistent with its JOBS Act mandate and thus satisfied the statutory construction standards enunciated by the Supreme Court in Chevron, U.S.A., Inc. v. [read post]
9 Oct 2018, 7:28 am
The “necessary in a democratic society” test (shades of Palko) To a US-trained lawyer, the language “necessary in a democratic society” calls to mind the famous “essential to a scheme of ordered liberty” standard the Supreme Court developed in its “Incorporation” jurisprudence, as seen for example in Palko v. [read post]
3 Oct 2012, 2:49 pm
In the taxonomy of standards of proof, probable cause is lower than proof beyond a reasonable doubt, see Locke v. [read post]
5 Nov 2009, 8:55 am
Shadur's opinion in Radke v. [read post]
7 Jul 2008, 8:09 pm
The greatest and best-used example of "Brady material" is impeachment statements by a prosecution witness (US v. [read post]
23 Mar 2011, 6:07 am
More precisely, all three are charged with conspiring to commit wire fraud in violation of 18 U.S. [read post]
19 Jun 2018, 7:00 pm
" This is far from a precise standard, and it often will not be easy to tell where mere ordinary disproportion ends, and the "gross" kind begins. [read post]