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21 Jan 2020, 7:21 am by MBettman
Votes to Accept the Case Yes: Chief Justice O’Connor and Justices French, Fischer, and Donnelly No: Justices Kennedy, DeWine, and Stewart Smith’s First Proposition of Law Accepted for Review Evidence of prior acts pertaining to criminal charges which resulted in acquittal should be barred from admission in a subsequent criminal case. [read post]
9 Jan 2020, 2:53 pm by Copylaw
               Here’s a run-down of a few techniques that can minimize the chance of getting sued for libel in fiction: (a) use disclaimers (more about that later); (b) disassociate the doppelgänger from their real-life counterpart by writing composite characters; (c) depict but do not disparage; and (d) wait for the real-life person to die before publishing your fiction. [read post]
9 Jan 2020, 2:53 pm by Copylaw
               Here’s a run-down of a few techniques that can minimize the chance of getting sued for libel in fiction: (a) use disclaimers (more about that later); (b) disassociate the doppelgänger from their real-life counterpart by writing composite characters; (c) depict but do not disparage; and (d) wait for the real-life person to die before publishing your fiction. [read post]
9 Jan 2020, 2:53 pm by Lloyd J. Jassin
               Here’s a run-down of a few techniques that can minimize the chance of getting sued for libel in fiction: (a) use disclaimers (more about that later); (b) disassociate the doppelgänger from their real-life counterpart by writing composite characters; (c) depict but do not disparage; and (d) wait for the real-life person to die before publishing your fiction. [read post]
9 Jan 2020, 2:53 pm by Lloyd J. Jassin
               Here’s a run-down of a few techniques that can minimize the chance of getting sued for libel in fiction: (a) use disclaimers (more about that later); (b) disassociate the doppelgänger from their real-life counterpart by writing composite characters; (c) depict but do not disparage; and (d) wait for the real-life person to die before publishing your fiction. [read post]
30 Dec 2019, 5:25 am by MBettman
R.C. 2929.19(B)(5) (Before imposing financial sanctions under R.C. 2929.18, the trial court is required to consider the felony offender’s present and future ability to pay the sanction.) [read post]
27 Dec 2019, 1:14 pm by Wendy Lindars
Frazier, La Vergne Charles Higgins, Burch, Porter & Johnson, PLLC, Memphis Brooke Hyman, Memphis City Council, Memphis Troy Jones, Law Office of Troy B. [read post]
26 Dec 2019, 10:41 am by MBettman
(B)(2) A person authorized to designate a dog as dangerous shall notify the owner of the designation and the owner shall have an opportunity to appeal that designation by hearing. [read post]
17 Dec 2019, 12:15 pm by Ronald Collins
The following is a series of questions posed by Ronald Collins to Geoffrey Stone and David Strauss in connection with their new book, “Democracy and Equality: The Enduring Constitutional Vision of the Warren Court” (Oxford University Press, 2020). [read post]
14 Dec 2019, 6:51 am by Tessa Shepperson
Blog clinic posts included considering what can be done when tenants use a property as a B&B, and whether a tenant has a right to a proper door to their rented room. [read post]
14 Dec 2019, 1:55 am
The discussion focuses on the B Corporation which is a certification scheme run by B Lab and the authors examine how B Lab may be pushing the B Corporation. [read post]
25 Nov 2019, 5:08 am by MBettman
Justice Stewart’s Separate Concurrence Justice Stewart wrote a short paragraph to point out that the while there is no liability for a political subdivision under R.C. 2744.02(B)(1)  for negligence in hiring, training, or supervising an employee, evidence of supervisory negligence [read post]
25 Nov 2019, 5:01 am
The upshot of the decision is that those seeking to register a mark that may be associated with a particular geographic origin, should be mindful of the s 7(4)(b) prohibition. [read post]
14 Nov 2019, 5:34 am by Goldberg Jones
Of course, some firms have no “B team,” but the point is, if you needed a criminal defense, personal injury attorney or tort lawyer and hired Melvin Belli, William Kunstler, or F. [read post]
5 Nov 2019, 5:08 am by Eugene Volokh
[An interesting analysis, handed down last month] From Magistrate Judge Stewart Aaron's report and recommendation in DAddio v. [read post]
5 Nov 2019, 5:07 am by MBettman
In a 6-1 opinion written by Justice DeWine, in which Justice Stewart concurred in judgment only and Justice Donnelly dissented, the court held that because jeopardy never attached to the involuntary manslaughter charge in this case which was dismissed as part of a plea bargain, the double jeopardy prohibition did not prevent prosecuting Soto for murder or aggravated murder. [read post]
2 Nov 2019, 6:21 am by Gordon Ahl
Aditi Shah explored the impact of a recent Supreme Court ruling on whether detained immigrants can use a Rule 23(b)(2) class action to assert due process rights in court. [read post]
23 Oct 2019, 9:38 am by MBettman
All seven justices agreed that R.C. 2151.281(A)(1) and Juv.R 4(B)(1) require the appointment of a GAL at an amenability hearing for a juvenile whose parents are deceased, and the juvenile is not required to ask for one. [read post]