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22 Oct 2020, 6:00 am by Hilary Page
While it is expected that feelings will be hurt – and there will be some degree of mental distress – from the mere fact of being terminated, should the employer’s termination conduct be somehow unfair, insensitive or “in bad faith,” this can attract additional damages. [read post]
21 Oct 2020, 7:10 am by James Romoser
Here’s a round-up of Supreme Court-related news and commentary from around the web: Barrett was trustee at private school with anti-gay policies (Michelle Smith & Michael Biesecker, Associated Press) Supreme Court split in Pa. election case raises questions about how a Justice Barrett would rule (Seung Min Kim & Robert Barnes, The Washington Post) Supreme Court’s Pennsylvania mail ballot ruling tees up test for Barrett (John Kruzel, The Hill) Poll: Majority says Senate… [read post]
19 Oct 2020, 7:57 am by Eric Goldman
Calcagni * Griper Selling Anti-Walmart Items Through CafePress Doesn’t Infringe or Dilute–Smith v. [read post]
16 Sep 2020, 6:30 am by Sandy Levinson
  Is a “republican” society organized around the quest for a common good that will be sought by suitably socialized citizens destined to become a distinctly more “liberal” order that accepts the priority of individual interests and the psychology associated with self-seeking (ultimately defined so memorably by Oliver Wendell Holmes in terms of his completely egoistic “bad man” concerned only with maximizing individual utilities)? [read post]
25 Aug 2020, 3:37 am by SHG
From the perspective of a police officer, as the law requires the shooting be considered under Graham v. [read post]
15 Aug 2020, 4:57 am by SHG
Note: This is a guest post by Guy Hamilton-Smith. [read post]
5 Aug 2020, 4:00 am by Martin Kratz
While Courts rarely interfere in bad contracts they may do so when the contract is void as against public policy or is unconscionable. [read post]
24 Jul 2020, 7:18 am by Eric Goldman
Calcagni * Griper Selling Anti-Walmart Items Through CafePress Doesn’t Infringe or Dilute–Smith v. [read post]
19 Jul 2020, 7:17 am by Eric Goldman
While YouTube may have had a moral or ethical responsibility to protect its users from Defendants’ allegedly fraudulent schemes, Plaintiffs’ claim that it had a legal duty to do so is preempted by the CDA. * Smith v. [read post]