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14 May 2016, 8:23 am by Randall Hodgkinson
So, as a result, the matter was remanded for a resentencing excluding the Oklahoma deferred judgment from criminal history. [read post]
13 May 2016, 12:48 pm
Therefore, we reverse and remand the matter with instructions to vacate the conviction.State v. [read post]
6 May 2016, 12:30 pm
Nov. 2, 2004) (“Under Texas law, all FDA-approved prescription drugs are unavoidably unsafe as a matter of law. [read post]
6 May 2016, 12:30 pm
  This post is part of a series exploring what we have learned about the DOJ surveillance of Black Lives Matter in Oregon. [read post]
3 May 2016, 5:08 pm by Kevin LaCroix
In this guest post, Stephen O’Donnell of the Steptoe & Johnson law firm takes a look at two particular standard features of the cyber liability insurance policies, the retroactive date and policy inception date exclusions, and the potential for these exclusions to preclude coverage for the very kind of exposures that are the reasons most purchasers buy the insurance. [read post]
3 May 2016, 6:29 am
But I'd say that since some people thought the school's lease mattered, getting that out of the picture could help them adjust to the reality of life in the United States of America.Fleming says the situation "needs to calm down," but "there isn’t anything the city will do, if there’s no lease, to fundamentally change anything. [read post]
2 May 2016, 8:54 pm by Rebecca Tushnet
  Court decided as a matter of law there was no red flag knowledge, turning statute into pure notice and takedown which was specifically rejected. [read post]
2 May 2016, 2:50 pm by Rebecca Tushnet
Session 2: Notice-and-Takedown Process—Service Provider Response and Counter-Notifications  Official description: Handling of and response to notices, including timing and notices from high-volume senders; sending and handling of counter-notifications; volume of notices and counter-notifications; costs and burdens on large- and small-scale service providers; role of automation, including filtering technologies; noncompliant notices and misuse of notice process; rejection of notices;… [read post]
28 Apr 2016, 6:48 pm by ALDF
” Legally, it does not matter if Lindsey thought the cat was feral, only that she was aware of a substantial and unjustifiable risk that the cat was owned and disregarded that risk when she made the fatal shot (in other words, acted “recklessly”). [read post]
25 Apr 2016, 12:23 pm
  “[I]t is proper to deny discovery of matter that is relevant only. [read post]
21 Apr 2016, 7:22 am by Joy Waltemath
First, the court rejected the defendant’s argument that the employee’s affiliation with the commissioner wasn’t protected by the First Amendment because it didn’t involve a matter of public concern. [read post]
20 Apr 2016, 11:25 pm by Legal Skills Prof
Some Thoughts on the Future of Legal Education: Why Diversity and Student Wellness Should Matter in a Time of 'Crisis' by Kevin R. [read post]
20 Apr 2016, 11:26 am by The Federalist Society
The Court declined to address, however, whether Welch’s conviction for robbery under Florida law qualified as a predicate for purposes of the ACCA enhancement, leaving the matter to the Court of Appeals on remand. [read post]
19 Apr 2016, 8:56 am by Rory Little
  Thus, the Court ruled, it also does not matter that Congress could possibly rewrite a “precise enough” non-vague statute to achieve the same enhanced sentencing result that the residual clause imposed. [read post]
18 Apr 2016, 5:37 pm by Mark Walsh
(Though since the decision came out last June, it’s not clear why one extra day matters.) [read post]
18 Apr 2016, 3:35 pm by Ad Law Defense
  Unfortunately for Allstate, the matter was already on appeal to the Ninth Circuit on the Rule 68 offer of judgment issue subsequently decided by the Supreme Court, so the district court wasn’t given first crack at deciding whether to enter Allstate’s proposed judgment. [read post]
18 Apr 2016, 12:51 pm by Steve Sady
And the result of falling within the Career Offender guideline is drastic: the offense level can skyrocket and the Criminal History Category, no matter how low otherwise, automatically becomes a VI, the worst class of offenders. [read post]
15 Apr 2016, 3:30 pm by Ad Law Defense
** How can we “Know It When We See It” to divine when the FTC will label an all natural claim misleading? [read post]