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3 Jul 2023, 11:11 am by Dale Carpenter
    The product must be customized and expressive The Court repeatedly emphasized the unusual nature of the product Lorrie Smith, the website designer, proposed to sell: working closely with each individual customer to tailor specific and original messages by using Smith's own words and designs. [read post]
19 Apr 2011, 10:30 am by John Elwood
MittsDocket: 10-1000Issue(s): (1) Whether the State of Ohio offends due process by using the same penalty-phase jury instruction affirmed by this Court in Smith v. [read post]
If the court uses Fulton to reverse Smith, we should expect three further developments with respect to religious freedom. [read post]
23 Jul 2011, 6:21 pm by Evidence ProfBlogger
Federal Rule of Evidence 806 provides that When a hearsay statement, or a statement defined in Rule 801(d)(2)(C), (D), or (E), has been admitted in evidence, the credibility of the declarant may be attacked, and if attacked may be supported,... [read post]
20 Jun 2010, 6:07 pm by Evidence ProfBlogger
Federal Rule of Evidence 803(2) provides an exception to the rule against hearsay for A statement relating to a startling event or condition made while the declarant was under the stress of excitement caused by the event or condition. [read post]
18 Sep 2019, 2:53 pm by Dennis Crouch
“The POP’s interpretations of the Leahy-Smith America Invents Act (AIA) qualify for deference under Chevron U.S.A. v. [read post]
29 Apr 2019, 4:14 pm by INFORRM
Democratic deficit  One particular concern is the potential for a duty of care supervised by a regulator and based on a malleable notion of harm to be used as a mechanism to give effect to some Ministerial policy of the day, without the need to obtain legislation. [read post]
10 Aug 2015, 1:45 am
Former guest Kat Kate Manning tells us why. [read post]
12 May 2018, 9:54 am by Eric Goldman
Ozimals * 17 USC 512(f) Claim Against “Twilight” Studio Survives Motion to Dismiss–Smith v. [read post]
5 Jan 2015, 4:00 am by Administrator
Blogue du CRL Susan on the SoapboxDanielle Smith Betrayed the Wildrose; Jim Prentice Betrayed the Rest of Us “Nearly all men can stand adversity, but if you want to test a man’s character, give him power. [read post]
13 Mar 2015, 9:07 am by Eric Goldman
Ozimals * 17 USC 512(f) Claim Against “Twilight” Studio Survives Motion to Dismiss–Smith v. [read post]