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18 Oct 2023, 1:52 pm by Sasha Volokh
Standing alone, however, it cannot justify the special treatment of the press, for an alternative means of achieving the same interest without raising concerns under the First Amendment is clearly available: the State could raise the revenue by taxing businesses generally, avoiding the censorial threat implicit in a tax that singles out the press. [read post]
11 Oct 2023, 9:25 am by Keith Szeliga and Daniel Alvarado
”[2] The Government must perform cost analysis analysis when cost or pricing data are required and may perform cost analysis to evaluate information other than cost or pricing data when it is not possible to determine a fair and reasonable price through price analysis alone.[3] Cost analysis is frequently performed, and the Cost Principles frequently apply, in pricing both fixed-price and cost-reimbursement contracts. [read post]
10 Oct 2023, 7:08 am by Eugene Volokh
Robert Welch, Inc. (1974), arguing against a negligence standard (which the Gertz majority adopted when private figures sought proven compensatory damages): Adoption … of a reasonable-care standard … will likewise lead to self-censorship since publishers will be required carefully to weigh a myriad of uncertain factors before publication. [read post]
9 Oct 2023, 10:17 am by Eric Goldman
Facebook was aware ads contained age- or gender-based restrictions because it alone approved and sent the ads to the target audience. [read post]
7 Oct 2023, 8:57 am by Eugene Volokh
But even if we agreed with Yelling that they were race-based harassment, the comments still would not—alone or with everything else Yelling offers—be sufficient to show a hostile work environment. [read post]
5 Oct 2023, 2:38 pm by John Elwood
People for the Ethical Treatment of Animals, Inc. and North Carolina Farm Bureau Federation v. [read post]
4 Oct 2023, 5:27 pm by Scott McKeown
As a reminder the SCOTUS in Amgen warned that “the more one claims, the more one must enable” Amgen Inc. v. [read post]
2 Oct 2023, 3:42 am by Andrew Lavoott Bluestone
“To properly plead a cause of action for legal malpractice, a plaintiff must allege negligence on the part of the attorney, that the attorney’s conduct was the proximate cause of the injury to plaintiff, and that plaintiff suffered actual and ascertainable damages (see RTW Retailwinds, Inc. v Colucci & Umans, 213 AD3d 509, 510 [1st Dept 2023]). [read post]
1 Oct 2023, 5:54 am by Kevin LaCroix
Supreme Court in 2017 granted a writ of certiorari in the case of Leidos, Inc. v Ind. [read post]
29 Sep 2023, 4:00 am by Michael C. Dorf
Today is the Symposium in Honor of Professor Sherry Colb, hosted by Rutgers School of Law in Newark and co-sponsored by the Cornell Law Review. [read post]
26 Sep 2023, 2:16 pm by Brandon Grable
The child expresses unreasonable fear or anxiety about spending time with or being left alone with one parent, despite there being no legitimate basis for this fear. [read post]
24 Sep 2023, 3:09 pm by Mavrick Law Firm
”  Relying on earlier precedent from the Supreme Court of Florida in Poinsettia Dairy Products, Inc. v. [read post]