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30 Jun 2019, 8:24 pm
A national identity, in a multicultural, multilingual, and highly mobile population, is a challenging concept for a modern post-nation state democracy. [read post]
17 Apr 2018, 11:29 am
Most appellate courts that have recently considered the matter have so held as to libel as well. [read post]
10 Sep 2023, 6:16 pm
To my great delight, I was asked to review Jan Broekman's brilliant new work, Knowledge in Change: The Semiotics of Cognition and Conversation (Springer Nature, 2023). [read post]
8 Oct 2015, 5:00 am
Ever since this blog started, we’vemadeplainthat we have no use for the so-called “heeding presumption. [read post]
28 Feb 2019, 5:42 am
Now it seems to me that there is no First Amendment exception for speech that the judge views as being "born out of a vendetta," or even as "seeking to cause mental distress"; but even to the extent there are exceptions for, say, defamation, or true threats, or perhaps even speech on matters of private concern that's "extreme and outrageous" and intended to cause severe emotional distress, that can't justify an overbroad, categorical "shall… [read post]
26 Sep 2015, 7:22 am
Authorial intent of creation of an exploitable copy should matter, which affects our analysis of bridal bouquets and tweets. [read post]
12 Apr 2017, 6:00 am
”[26] Ratificationists did not necessarily act “solely out of self-interest,”[27] for creditors and government bondholders reasonably believed “government must pay their debts—both as a matter of justice and as a means of maintaining a strong credit rating. [read post]
21 Mar 2011, 10:05 pm
Or can Kaddafi’s forces be targeted merely by reason of being in the vicinity of rebel held areas, or for that matter, merely by being Kaddafi’s forces that might at some point be deployed against civilians? [read post]
14 Oct 2016, 7:56 pm
A Matter of Degree “It may be said that the difference is only one of degree. [read post]
3 Jul 2011, 9:11 am
From the moment the Puritans, named because they wanted to “purify” the Christian Church, which at the time had become too liberal for their tastes as a result of King Henry VIII breaking ties with the Pope and the Roman Catholic Church over not allowing divorce and starting his own Protestant Church of England, stepped onto the Mayflower to seek freedom in a new land, Americans have been breaking rules and generally kicking butt in one way or another. [read post]
9 Apr 2010, 1:23 pm
In a decision that has already generated a huge volume of commentary and predictions,1/ just three days ago the U.S. [read post]
18 Jan 2007, 7:53 pm
Monsanto Co., 813 So.2d 827, 831 (Ala., 2001); Henry v. [read post]
29 Nov 2009, 3:53 am
 Mostly, however, borrowers were guilty of not seeing The Great Depression Part 2 coming around the corner, just like… say Henry Paulson, or Ben Bernanke. [read post]
9 May 2007, 5:25 pm
[IPBiz notes that Henry Ford's attorney in the Selden matter, Benton Crisp, was made available to Glenn Curtiss to challenge the patent of the Wright Brothers. [read post]
3 Feb 2009, 12:19 am
Right now this is still a very private matter for me. [read post]
24 Jul 2022, 9:15 am
They understand completely that in our world, every lawyer feels that they are a leader, and in many ways, they are — especially as they oversee client matters and work with small groups of associates and paralegals to get the client work done. [read post]
2 May 2010, 6:36 pm
(Of course, some -- notably Henry Manne way back when -- have argued that this informational efficiency property offers good reason to allow even insider trading itself; but such arguments, which ignore externalities that I must ignore too for the present, have for good reason never been bought (sorry, pun unforeseen this time) by the SEC.) [read post]
7 Jan 2012, 8:29 am
Attorney General Francis Biddle and War Secretary Henry Stimson recommended that a military tribunal preside over the trials of alleged war criminals. [read post]
9 Sep 2010, 10:33 am
For several generations now, the US legal culture has almost universally accepted an account of our history that goes like this: The 1870s through the 1920s was the “formalist age,” when most lawyers and judges believed that law is comprehensive, gapless, internally consistent, and logically ordered, and that judges mechanically deduce single right answers in cases. [read post]
3 Nov 2022, 10:45 am
We even have some reference to Henry de Bracton’s Laws and Customes of England, a work published circa 1235 A.D. [read post]
