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6 Oct 2023, 4:00 am by Jim Sedor
The Fifth Circuit Court of Appeals expanded an injunction to include the Cybersecurity and Infrastructure Security Agency, ruling it used frequent interactions with social media platforms “to push them to adopt more restrictive policies on election-related speech. [read post]
4 Oct 2023, 7:54 am by Sasha Volokh
Today, the Fifth Circuit will be hearing oral arguments in National Horsemen's Benevolent and Protective Association v. [read post]
4 Oct 2023, 6:30 am by Guest Blogger
Third, the Supreme Court’s own adoption of inconsistent standards in judicial interpretation and review have allowed room for the expansion of executive power, as well as lapses in holding the executive accountable. [read post]
3 Oct 2023, 11:48 am by Norman L. Eisen
But because this is a civil trial, any invocation of Trump’s Fifth Amendment rights may be used to draw an “adverse inference,” meaning that his refusal to answer questions may be used to bolster the OAG’s case against him. [read post]
3 Oct 2023, 6:29 am by Unknown
The case presents a square circuit split, Macquarie says, with the Third, Eleventh, and Ninth Circuits all holding that a failure to disclose under Item 303 is not enough on its own to support a private cause of action; the Fifth Circuit has said in dicta that it has never held that Item 303 creates a duty to disclose. [read post]
29 Sep 2023, 6:36 am by cassieq
Due to racial prejudice at the time, he was unable to secure a job post-graduation and opened his own firm focusing on international law. [read post]
25 Sep 2023, 9:02 pm by Eugene Volokh
I regret to say the original post erroneously said the Fifth Circuit granted rehearing en banc -- the panel just granted panel rehearing, and I've corrected the post accordingly. [read post]
19 Sep 2023, 8:09 am by Phil Dixon
Court affirms verdict and death sentence; no abuse of discretion to rely on defense experts regarding the defendant’s competency; denial of fifth continuance motion was [read post]
19 Sep 2023, 7:42 am by Eric Goldman
” If a parent wants to give her child permission to create an account, but the parent and the child have different last names, it is not clear what, if anything, the social media company or third-party servicer must do to prove a parental relationship exists. [read post]
15 Sep 2023, 12:30 pm by John Ross
As for "informal factfinding" texts about the election with third parties, those might be legislative and they might not be. [read post]
15 Sep 2023, 3:00 am by Jeff Welty
The Fifth Circuit recently ruled that the federal law at issue in count three is unconstitutional under the Supreme Court’s Second Amendment jurisprudence, but the indictment was returned in Delaware, part of the Third Circuit, where the issue has not been addressed recently. [read post]
14 Sep 2023, 4:24 am by Unknown
The Blumenthal-Hawley framework also would address national security, international competition, transparency, and the protection of children and consumers.Moreover, the Blumenthal-Hawley framework would clarify that Section 230 of the Communications Decency Act, the statue that immunizes Internet and social media platforms from most lawsuits over third-party posts, would not apply in the context of AI. [read post]
10 Sep 2023, 6:16 pm
While humanity started this century secure in its conceit that it was the center of all things, by century's end a very different form of intersubjectivity may well be the basis of the ruling ideology for humanity within its natural and machine orders. [read post]
9 Sep 2023, 6:52 am by Eugene Volokh
Biden, the Fifth Circuit (Judges Edith Clement, Jennifer Elrod, and Don Willett) held that the federal government violated the First Amendment by causing social media platforms to block posts on various topics (including "the COVID-19 lab-leak theory, pandemic lockdowns, vaccine side-effects, election fraud, and the Hunter Biden laptop story"). [read post]
5 Sep 2023, 9:05 pm by renholding
The Fifth Circuit Court of Appeals held that to allow ALJs to hear securities law disputes violated constitutional rights for a jury trial guaranteed under the Seventh Amendment when the remedy of disgorgement of profits is implicated. [read post]
5 Sep 2023, 8:03 am
But at the end of August, that impressive number still trailed the 146 secured by Trump at the same point in his administrationAs of Sept. 1, there are seven vacancies on appeals courts, which are in the First, Third, Fourth, Fifth, Seventh, Ninth and Tenth circuits. [read post]
2 Sep 2023, 8:26 pm by crimdefense@hotmail.com
An attorney can also examine whether your Fifth Amendment rights against self-incrimination were respected during interrogations and chemical tests. [read post]