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22 Nov 2021, 5:13 pm by Stewart Baker
Dmitri explains the latest advance of the hardware hack known as Rowhammer. [read post]
Circuit concluded that the Trump administration erred in concluding that only certain on-site emission-reduction measures can be the “best system of emission reduction” for existing power plants under Section 111(d) of the Clean Air Act. [read post]
12 Nov 2021, 9:52 am by Eugene Volokh
I'm putting up some excerpts from my new draft article, The Law of Pseudonymous Litigation, hoping to get some feedback. [read post]
10 Nov 2021, 8:57 am by Gene Takagi
Due to the requirements of ER, private foundations may find it most protective to draft ER grant agreements as enforceable contracts. [read post]
29 Oct 2021, 9:48 am by Rebecca Tushnet
“[M]ere allegations that an amendment will require the expenditure of additional time, effort, or money do not constitute ‘undue prejudice. [read post]
22 Oct 2021, 9:16 am by Elie Maalouf
”19 Instead, the defendant would “much more readily look to the lawyer” who is more likely to have the financial ability to indemnify the defendant.20 While Rule 1.8(e) has an exception that allows attorneys to advance court costs and expenses of litigation, several ethics committees have found that indemnification clauses, which guarantee payment of the client&rsquo [read post]
22 Oct 2021, 9:16 am by Elie Maalouf
”19 Instead, the defendant would “much more readily look to the lawyer” who is more likely to have the financial ability to indemnify the defendant.20 While Rule 1.8(e) has an exception that allows attorneys to advance court costs and expenses of litigation, several ethics committees have found that indemnification clauses, which guarantee payment of the client&rsquo [read post]
15 Oct 2021, 4:00 am by Martin Kratz
The proposed class proceeding may ultimately flounder … but the judge erred in presuming that to be the case at so early a stage. [read post]
14 Oct 2021, 11:08 am by John Elwood
Court of Appeals for the 3rd Circuit erred in holding that petitioner did not derive citizenship through his father under former 8 U.S.C. [read post]
11 Oct 2021, 12:43 pm by Giles Peaker
I do not consider that they were disadvantaged by the fact that a ground of appeal had not spelt out the argument that the landlord advanced at the hearing. [read post]
5 Oct 2021, 2:24 pm by Eugene Volokh
Because the complaint alleges a colorable violation of Article I, Section 1 of the North Carolina Constitution, which protects each person's right to enjoy the fruits of their own labor, we hold the trial court erred in dismissing that claim…. [read post]
5 Oct 2021, 12:33 pm by John Elwood
Court of Appeals for the 8th Circuit erred in concluding that the Eighth and Fifth Amendments permit the government to execute the petitioner, Wesley Coonce ― though his 71 I.Q. and severe adaptive deficits otherwise meet the criteria for a medical diagnosis of intellectual disability that would bar his execution under 18 U.S.C. [read post]
4 Oct 2021, 3:53 pm by Jacob Sapochnick
Applicants who require more advanced information should ask to speak with a tier two immigration officer for information about their cases. [read post]
4 Oct 2021, 4:30 am by Eric Segall
As many have noted, the Supreme Court has erred by saying that diversity alone can justify colleges and universities using racial criteria, and that the no-quota rule drives the use of race behind closed doors (absent costly and unnecessary litigation). [read post]
27 Sep 2021, 12:59 pm by Emily Dai
.: The Hudson Center will host a conversation with Wu’er Kaixi, an exiled Chinese dissident and activist. [read post]
26 Sep 2021, 8:08 pm by Francis Pileggi
The Delaware Supreme Court has announced a revised standard for an important aspect of corporate litigation: the analysis of pre-suit demand futility for purposes of pursuing a derivative stockholder claim, in United Food and Commercial Workers Union and Participating Food Industry Employers Tri-State Pension Fund. v. [read post]
21 Sep 2021, 8:38 am by Russell Knight
  An appellant’s posttrial motion “must contain a `simple, succinct statement of the factual or legal basis’ for the litigant’s belief that the trial court erred. [read post]
20 Sep 2021, 5:42 am by Jonathan H. Adler
This could explain Chemerinsky's, er, flexible view of some constitutional questions—such as the permissibility of the Senate filibuster and how it could be eliminated. [read post]
20 Sep 2021, 5:01 am by Matthias C. Kettemann, Torben Klausa
As the assessment of potentially illegal content can be very tough, Facebook has an interest in erring on the safe side and removing content according to its own standards, which is not necessarily illegal under German law. [read post]
18 Sep 2021, 11:59 am
Pix Credit 1902 Cartoon of a more ancient form of corruption; HEREPix Credit: HERESince the Enlightenment and the rise of narratives of quantitative divinity in the West, it has become common to deepen cultural presumptions that (1) numbers do not lie; (2) that data serves as its own defense against corruption; (3) and that "following the science" inevitably serves the community as protection against the corruption of discretionary governance by humans. [read post]