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20 Jun 2014, 11:36 am by Mark Lewis
This is a case that, in my opinion, is crying out for a sub nom and I’m going to use the Slaw platform to try and start a groundswell of support for R v Spencer to be more commonly known as: IP Freely. [read post]
22 Sep 2014, 11:03 am
This is not a case where the state judges were confused about the law or overlooked key evidence, as in Taylor v. [read post]
13 Jul 2023, 4:31 am by Norman L. Eisen
Evidentiary hurdles faced by the Select Committee have been overcome by Special Counsel Smith through the use of his more robust subpoena power and a series of court victories. [read post]
25 Aug 2016, 9:01 am by Mays & Kerr LLC
In Stephens’ case, she had strong evidence that the funeral home fired her for exactly the sort of sex stereotyping that the Sixth Circuit forbade in its 2004 decision of Smith v. [read post]
29 Jan 2009, 12:10 am
Abdallah, 51 AD3d 590 [2008]; Smith v. [read post]
1 Apr 2009, 4:15 am
Lawsuit for libel brought against public official turns on whether the statements objected to were uttered with "actual malice"Shulman v Hunderfund, 2009 NY Slip Op 02263, Decided on March 26, 2009, Court of AppealsIn the words of Justice Smith, "In this action for libel by a public figure, the record does not clearly and convincingly show that the statements in question were made with "actual malice," as required by New York Times Co. v Sullivan… [read post]
19 Dec 2020, 4:37 pm by INFORRM
These issues illustrate the care that has to be taken with using terms such as ‘online abuse’ to cover everything from strong language, through insults, to criminal threats of violence. [read post]
18 Mar 2019, 5:17 pm by INFORRM
The rule of law objection to vagueness was spelt out by the House of Lords in R v Rimmington, citing the US case of Grayned: “Vagueness offends several important values … A vague law impermissibly delegates basic policy matters to policemen, judges and juries for resolution on an ad hoc and subjective basis, with the attendant dangers of arbitrary and discriminatory application. [read post]