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28 Aug 2015, 5:31 am
The moving party bears the initial burden of informing the court of the basis for the motion, and identifying portions of the pleadings, depositions, answers to interrogatories, admissions, or affidavits which demonstrate the absence of a triable issue of material fact. [read post]
16 Aug 2015, 5:29 pm by Cindy Cohn
Edgar notes, "the government bears much blame, as it continues to maintain the pretense such banal facts can or should be kept secret. [read post]
10 Aug 2015, 6:22 am
  As this Wikipedia entry explains, in criminal cases the prosecution bears the burden of proof, i.e., it has to prove the acts necessary to establish guilty beyond a reasonable doubt. [read post]
30 Jun 2015, 4:13 am by Rebecca Tushnet
 Jennifer Davis persuasively argues that changing economic and social conditions allowed the courts, in trade mark cases, to abandon a view of consumers as heterogeneous and divided by class, education and income and instead to assume the existence of an average consumer whose perceptions were key. [read post]
29 Jun 2015, 9:28 am by Rebecca Tushnet
 David Llewellyn: Weatherall’s point about lost bearings w/reality is worth reinforcing. [read post]
29 Jun 2015, 4:34 am by Rebecca Tushnet
Jennifer Davis: class consciousness among judges in English law of 19th c. [read post]