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25 Jul 2021, 8:24 am
Authentication is “evidence sufficient to support a finding that the matter in question is what its proponent claims. [read post]
24 Jul 2021, 11:51 am
” The comment provides a hypothetical case and suggested resolution, which are, however, are more helpful: “If two defendants independently shoot the plaintiff at the same time, and one wounds him in the arm and the other in the leg, the ultimate result may be a badly damaged plaintiff in the hospital, but it is still possible, as a logical, reasonable, and practical matter, to regard the two wounds as separate injuries, and as distinct wrongs. [read post]
23 Jul 2021, 12:12 pm
See Tiger Lily, 992 F.3d at 522–23. [read post]
23 Jul 2021, 5:00 am
Ace Motor Sales, 550 F. [read post]
23 Jul 2021, 2:00 am
Within recruitment, behavioral science isn’t just testing candidates. [read post]
22 Jul 2021, 8:52 pm
Reynolds Metals Corp., 297 F.2d 49, 57 (9th Cir. 1961) [read post]
21 Jul 2021, 4:59 am
If a state organ draws that line, isn’t the resulting official list in itself an exercise in press regulation? [read post]
20 Jul 2021, 11:06 am
I won’t mince words. [read post]
20 Jul 2021, 10:56 am
Then on the far-left column mouse over the icons and find Planner, which looks like a green F. [read post]
20 Jul 2021, 9:17 am
Buzzard, 1 F.4th 198 (June 11, 2021). [read post]
20 Jul 2021, 12:54 am
Part 2: subject matter boundaries & requirements for protection Chapter 5, by Martin Sentfleben, critically assesses the registration as trade marks of signs with cultural significance or even works of art [earlier work here]. [read post]
17 Jul 2021, 5:17 pm
., 486 F.3d 620 (9th Cir. 2007). [read post]
17 Jul 2021, 4:38 am
Local judges are notoriously bad when it comes to ruling on constitutional matters. [read post]
16 Jul 2021, 8:42 am
And my voice matters. [read post]
15 Jul 2021, 5:01 am
App. 2d 424, 425 (1952) (dealing with "libelous matter [written on a tavern restroom wall] indicating that appellant was an unchaste woman who indulged in illicit amatory ventures"; "[t]he writer recommended that anyone interested should call a stated telephone number, which was the number of the telephone in appellant's home, and 'ask for Isabelle,' that being appellant's given name"). [269] A bookstore, for instance, isn't… [read post]
14 Jul 2021, 8:09 pm
Co., 864 F.2d 757, 767–68 (Fed. [read post]
13 Jul 2021, 9:17 am
(For commentaries about this decision; see, for example, fn. 67 to Richard F. [read post]
13 Jul 2021, 8:58 am
Indeed, the self-evident purpose and effect of the judge’s remarks was to provoke a plea of guilty; and Judge Ellis should have so concluded as a matter of law. [read post]
13 Jul 2021, 5:05 am
(Wealthy business corporations, after all, are hardly certain to always take the side of the Left; one can certainly imagine them using their power in the future against speakers who are anti-capitalist or for that matter just anti-Big-Tech.)[254] The laws target a particular harm, though we can debate how much of a harm it is: large social media corporations' use of their economic power to unduly influence political debate. [read post]
13 Jul 2021, 3:00 am
By a sharply divided vote, the full Ninth Circuit denied rehearing the matter en banc. [read post]