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25 Jan 2022, 5:01 am by Eugene Volokh
Here we see what is perhaps the most forceful form of the right of defiance—a right secured as a constitutional matter, as a facet of the First Amendment, rather than just as a common-law right in the negligence and nuisance cases. [1] Bible Believers v. [read post]
18 Jan 2022, 5:01 am by Eugene Volokh
The gardener's relatives sue Danielle for wrongful death, claiming her actions created a risk of injury by foreseeably enraging Craig.[5] And a version of this problem arises with the "duty to retreat" that thirteen states still recognize in self-defense cases, and the more general "duty to comply with a negative demand" that seven states still recognize. [read post]
20 Dec 2021, 5:30 am by INFORRM
  The defendant agreed to pay defamation damages and costs to former director Eugene Hopkinson after publishing a series of statements that alleged he was responsible for a data leak and cyberattack and had deliberately attempted to harm Mensa and its membership. [read post]
7 Dec 2021, 8:44 am by Eugene Volokh
I'll begin by laying out a few categories of situations where the risk of reputational harm is especially serious, and then summarize the state of court decisions on the subject. [1.] [read post]
4 Nov 2021, 5:37 am by Eugene Volokh
And litigation of course deploys the coercive power of the state, even as it also accomplishes private goals. [read post]