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5 Apr 2020, 5:00 pm
The law is not mathematics, it is legal doctrine applied to the messy exigencies of living. [read post]
25 Feb 2013, 10:40 am by Jeff Gamso
  Because, you see, Inexplicably, however, Calhoun’s counsel did not object to the question at trial.So the burdens shift and the legal standards are messy and the arguments weren't really made properly in the lower courts and good golly Miss Molly.Hell, even Sotomayor, for all she wrote, didn't vote to hear the case. [read post]
6 Nov 2013, 7:42 am by Daniel Shaviro
 But the fact that it is a messy question should not induce intelligent people to think that it is best ignored. [read post]
26 Sep 2013, 6:30 am by Michael B. Stack
They are usually messy, and filed by disgruntled employees with a bone to pick with management for some past injustice. [read post]
24 Nov 2015, 1:33 pm by Stephen D. Rosenberg
And at the end of the day, the central element of all of these (and many other) issues with regard to ERISA plans is that we are dealing with humans here, not robo-advisors or whatever else (like target date funds, for instance) that people want to think can take the messiness out of plan governance, pension investing, 401(k) decisions and the like. [read post]
28 Apr 2021, 9:38 am by Andrew Koppelman
”  (Pp. 4-5)  Tushnet writes that “these messy compromises might be the best way to get from where we are now to a society where religious and gender-identity pluralism are both recognized as fully as possible. [read post]
4 Nov 2013, 12:08 am by Kevin LaCroix
  From the Forbes magazine articles and from the allegations in the two complaints, about the only thing that is clear is that this is a very messy situation. [read post]
21 Mar 2018, 1:31 pm by Michael Risch
The inverse ratio rule was not part of the instruction that asked the jury to determine unlawful appropriation (and the Defendants did not appear to appeal the inverse ratio instruction), nor was the rule even stated in the terms used by the court at all in the jury instructions:The defendants appealed this instruction, but only on filtration grounds (which were rejected), and not on inverse ratio type grounds.In short, jury determinations of music copyright is messy business. [read post]
12 Nov 2013, 10:14 pm by Jeff Gamso
  They're messy, but they're all within the realm of what can be controlled. [read post]
22 Feb 2019, 5:45 am by Liz Thornberry
  Although I hear many complaints about handwriting, I think there’s a thrill in seeing the raw material of historical research in all its dirty, messy, illegible splendor; and in making something out of it. [read post]
4 Jul 2024, 11:33 am
The Biblical voice adds a layer of messiness and conflict to the authority of judicial pronouncements. [read post]
25 Mar 2016, 4:06 am
The sports moves of the likes of Lionel Messi in football and Lebron James in basketball are the things of legend, and large sums are paid to secure the rights to broadcast their every sporting move. [read post]
15 Sep 2014, 10:22 am by Jeremy Gillula and Lee Tien
”34 On the contrary, big data sets “are so messy, it can be hard to figure out what biases lurk inside them – and because they are so large, some analysts seem to have decided the sampling problem isn’t worth worrying about. [read post]
11 Jan 2021, 1:33 pm by Joseph Fishkin
This seems an unlikely, and unconvincing, way to read all these provisions.)My bottom line is this: I think questions of whether President Trump (or some other candidate) “engaged in insurrection” or gave it “aid and comfort,” to a sufficient degree that they ought to be disqualified from running for President in the future, are going to be politically fraught and messy questions for future Republicans at all levels of government. [read post]
16 Feb 2023, 6:35 am by Rebecca Tushnet
Nov. 22, 2022) This is a super messy case with a lot going on; I’m going to blog about it mainly to highlight a new thing you can apparently do with a trademark application, which is use it on non-Amazon platforms to gain advantages. [read post]
11 Nov 2017, 1:35 pm by Derek T. Muller
But consider other relevant portions of the messy Election Code.Consider constraints on the governor's power under Alabama Code 36-9-9: "The Governor . . . must give notice of a special election to elect a senator for an unexpired term in the same manner and for the same time as is prescribed for special elections to fill a vacancy in the office of members of the House of Representatives in Congress. [read post]