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7 Sep 2023, 5:17 am by Eugene Volokh
The Court emphasized that the fact that the organization's intent was "to exercise a coercive impact on [the broker] does not remove" the First Amendment's protections. [read post]
5 Sep 2023, 9:05 pm by renholding
During my recent visit to Columbia Law School, Professor John Coffee shared with me a draft of a short article that later appeared in the New York Law Journal.[1] Coffee’s article assessed the prospects in the U.S. [read post]
3 Sep 2023, 4:43 pm by INFORRM
” X does not define what it considers biometric, though other companies have used the term to describe data gleaned from a person’s face, eyes and fingerprints. [read post]
1 Sep 2023, 2:39 pm by Eugene Volokh
In that context, a gag order "will withstand constitutional scrutiny only where there are specific findings supported by evidence that (1) an imminent and irreparable harm to the judicial process will deprive litigants of a just resolution of their dispute, and (2) the [gag order] represents the least restrictive means to prevent that harm. [read post]
1 Sep 2023, 12:30 pm by John Ross
Seeking habeas, Jarrell points to three items of evidence: (1) blood on his uncle's shoes, (2) a forensic report excluding Jarrell's shoes as the source of the bloody shoeprint inside the house, and (3) an inconsistent prior statement of the uncle's. [read post]
1 Sep 2023, 9:11 am by Eugene Volokh
" To determine whether speech is commercial, courts are to analyze three factors: "(1) is the speech an advertisement; (2) does the speech refer to a specific product or service; and (3) does the speaker have an economic motivation for the speech. [read post]
1 Sep 2023, 8:08 am by admin
Saying that a tail is a leg does not make it a leg. [read post]
1 Sep 2023, 7:45 am by Ilya Somin
It requires us to compare values that aren't comparable: (1) the individual's interest in more process, (2) the government's interest in providing the same or less process, and (3) the risk of error in current procedures and the probable value of additional protections. [read post]
31 Aug 2023, 9:48 am by centerforartlaw
As an organization committed to public education, museums hold a 501(c)(3) status that grants them extensive tax benefits.[2] Indeed, despite their private nature, the core of their mission is public service. [read post]
28 Aug 2023, 12:29 pm by Kevin LaCroix
The complaint purports to be filed on behalf of three classes of investors: (1) investors who purchased shares of MSP or of the pre-merger SPAC between April 28, 2022 and August 17, 2023; (2) investors who held shares of the SPAC and who were entitled to vote at the special shareholder’s meeting on  May 18, 2022; and (3) investors who purchased MSP shares traceable to the company’s registration statement effective August 15, 2022. [read post]
28 Aug 2023, 4:00 am by Michael C. Dorf
Thus it lacks the full force of stare decisis.(2) Chief Justice Chase cannot be trusted on this question. [read post]
27 Aug 2023, 7:19 am
Links to the discussion of the book:Part 1: Preface Part 2: Chapter 1 (Minds, Moons and Cognition)Part 3: Chapter 2 (Fluidity and Flow)Part 4: Chapter 3 (Post-Dialectics)Part 5: Chapter 4  (Flow and Firstness)Part 6: Chapter 5 (Interludes: Changing Worlds Changing Words) Part 7: Chapter 6  ("The Non-Naïve-Natural") 8. [read post]
27 Aug 2023, 3:00 am by Chip Merlin
Feb. 8, 2008). 2 Wilkofsky, Jonathan, The Law and Procedure of Insurance Appraisal, 3rd Edition, Ditmas Park Legal Publ. (2015). 3 William A. [read post]