Search for: "Utter v. Utter"
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18 Jul 2007, 6:25 am
While New York law generally protects opinion, if a reasonable person would interpret a statement to imply that the speaker has additional, undisclosed facts, the utterance may then be actionable.In this context, the Court concluded that Saltzman’s statement was mere opinion, and that a listener could not have reasonably interpreted his words to be based on undisclosed information. [read post]
16 Jul 2007, 9:25 am
" (Ettinger v. [read post]
13 Jul 2007, 11:27 am
If you are a member of the judiciary and wish to add your credibility to the project by letting us shamelessly use your name, please put the word "judge" in the title line of your email ...Pavel Pinkava's petition for leave to appeal against the Court of Appeal's ruling in LIFFE v Pinkava (judgment here; IPKat post here) has just been refused by the House of Lords. [read post]
10 Jul 2007, 7:55 pm
Bill Posner (not Richard Posner) writes a rather interesting article about the now infamous banner at the center of Morse v. [read post]
9 Jul 2007, 11:36 am
The opinion is available as DeGroat v. [read post]
5 Jul 2007, 10:07 am
I continue the posts excerpting my article, Speech as Conduct: Generally Applicable Laws, Illegal Courses of Conduct, "Situation-Altering Utterances," and the Uncharted Zones, 90 Cornell Law Review 1277 (2005). [read post]
28 Jun 2007, 8:42 am
The People responded that the statement was admissible as an excited utterance and that its admission would not violate the Sixth Amendment. [read post]
26 Jun 2007, 3:14 am
I think the most extraordinary thing about Morse v. [read post]
25 Jun 2007, 2:00 pm
Take the facts in the case decided Monday, Morse v. [read post]
22 Jun 2007, 3:16 pm
See, e.g., Cotton, 40 M.J. at 95 ("[b]oth the circumstances of the utterance and the literal language must be considered"); United States v. [read post]
19 Jun 2007, 3:21 am
Warshak v. [read post]
13 Jun 2007, 10:00 am
In Fox v. [read post]
11 Jun 2007, 10:18 am
Group, L.L.C. v. [read post]
7 Jun 2007, 11:26 am
For Scott's forgery conviction, the unique fact is that Scott uttered or presented a forged check to the bank to be deposited into his account. [read post]
5 Jun 2007, 4:46 pm
" Fox v. [read post]
31 May 2007, 9:26 pm
That right can be waived simply by speaking.But in the 1970s, a decade in which nothing went right, the Supreme Court amended the Constitution, adding a new Amendment V I/II (in decimals, V.V), requiring the police to stop investigating the murder or rape or whatever trivial thing is occupying their tiny little ferret brains as soon as the suspect asks for a lawyer. [read post]
31 May 2007, 1:39 pm
See, for example, Zapata v. [read post]
31 May 2007, 9:57 am
You start with Roe v. [read post]
24 May 2007, 10:20 pm
Reno) challenging a provision of the Communications Decency Act (CDA) which was ultimately heard by the United States Supreme Court, we had also filed an amicus curiae brief in support of the ACLU in another CDA challenge before the Supreme Court, Reno v. [read post]
21 May 2007, 8:31 am
United States v. [read post]
