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4 Jun 2019, 10:20 am by Rebecca Tushnet
  Jackson is dead, and the speakers don’t know for sure; though this looks like a factual representation about product, this is a disputed thesis about a matter of historical fact and thus shouldn’t be considered commercial speech. [read post]
4 Jun 2019, 10:19 am by Rebecca Tushnet
  Amestoy says that consumer interest in a matter isn’t sufficient to compel disclosure and it’s just consumer interest because the FDA says that rBGH has no effect on milk; the 6thCircuit says that it’s not just consumer interest because research not accepted by the FDA indicates there might be an effect on milk.A few points, so that we can get to doubtless robust discussion: Approaching strict scrutiny for regulations of nonfraudulent (as Mr. [read post]
4 Jun 2019, 10:16 am by Rebecca Tushnet
[This wouldn’t be my summary, but ok.] [read post]
31 May 2019, 6:00 am by Guest Blogger
The issues now dominating the nation’s attention have moved the Court into uncharted territory, where pet conservative – and for that matter, pet liberal -- jurisprudential axioms offer little or no guidance. [read post]
30 May 2019, 6:00 am by Guest Blogger
He observed that the ACA could be “the leading edge of a shift” to “privatize the social safety net and government assistance programs” (presumably having in mind major initiatives of the George W. [read post]
28 May 2019, 5:30 am by Quinta Jurecic
  For example, the Counter-Rocket Artillery and Mortar System is able to fire precisely at incoming projectiles and disable them; a human gunner couldn’t do that manually. [read post]
28 May 2019, 3:45 am by Jessica Kroeze
Thus D1 discloses the subject-matter of the respective independent claims at issue. [read post]
27 May 2019, 9:41 am by Ilya Somin
Here's Manjoo: To live in California at this time is to experience every day the cryptic phrase that George W. [read post]
25 May 2019, 10:01 am by Eugene Volokh
So, when you set up the pay plan you were hoping you would have the money and it didn't pan out that way? [read post]
23 May 2019, 8:44 am by The Murray Law Firm
 Police think “she was raped and someone slipped something into her drink…[w]e’re told the cameras do not work so now we’re reaching out to the public. [read post]
22 May 2019, 3:34 pm by Jonathan Shaub
The only formal published precedent is a relatively short three-page 2007 OLC opinion concluding that Harriet Miers, former counsel to President George W. [read post]
21 May 2019, 2:05 pm by The Murray Law Firm
”  The news story reports, “[w]hen officers arrived, they found the man suffering from multiple gunshot wounds…[h]e was dead on scene. [read post]
The special counsel might have pointed to other dictionaries from that time, but they all give more or less the same definition: to act faithfully means “[w]ith strict adherence to duty and allegiance. [read post]
20 May 2019, 9:18 am by Schachtman
The facts of silica cases, for example, are radically different from early exposure asbestos cases because of the wide diffusion and general equality of knowledge of silica hazards throughout industry, labor, and government.[7]  The dangers of occupational exposure to crystalline silica were so well known that the New York Court of Appeals recognized, seventy years ago, that “[i]t is a matter of common knowledge that it is injurious to the lungs and dangerous to health… [read post]
18 May 2019, 9:27 am by MOTP
Apr. 26, 2019).While the resolution of the case pivots on issues of contract law in the leasing context, the lengthy portion of the opinion addressing the matter of attorneys fees [see cut & pasted below] will have much broader impact across a wide array of practice areas. [read post]