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6 Feb 2024, 7:20 am by Will Baude
  In particular, Lash misportrays statements by Representative Thaddeus Stevens and by Senator Lyman Trumbull as if they denied that Section Three of the Fourteenth Amendment is a self-executing constitutional command, when they did not. [read post]
4 Feb 2024, 5:57 pm by Bruce Ackerman
Constitutional rights would be of little value if they could be thus indirectly denied. [read post]
4 Feb 2024, 4:40 pm by INFORRM
Fox sought to deny that the tweets had caused serious harm, and alleged that if they had, he was entitled to assert a defence of “reply to attack” qualified privilege because each had called him a “racist”. [read post]
31 Jan 2024, 6:06 am by James A. Goldston
Third, in the spirit of Brown v Board of Education and the Treatment Action Campaign litigation in South Africa on behalf of those denied available treatment for HIV/AIDS, the ICJ case involved an effort on the international level to secure judicial protection for vulnerable persons when other avenues for redress were blocked. [read post]
30 Jan 2024, 4:30 am by Second Circuit Civil Rights Blog
It imposes absolute liability on them if their employees suffer an injury from inadequate safety provisions which cause them to fall to the ground. [read post]
29 Jan 2024, 6:02 am by Alessandro Cerri
 In respect of unfair advantage, the Court noted that, following L’Oréal SA v Bellure NV (C-487/07), what it was concerned with was whether Aldi had attempted to take advantage of, or ride on the coat tails of the Mark, in order to exploit it and gain a benefit from its reputation and Thatchers' marketing efforts which have been made by Thatchers.It would also suffice if the objective effect of Aldi's use was to enable it to benefit from the… [read post]
29 Jan 2024, 4:46 am by Franklin C. McRoberts
The Appellate Division – First Department later affirmed Justice Fried’s Barasch decision, but on other grounds, ruling that the entity was “estopped” from denying the transaction was an “all or substantially all” transaction because it sent a notice of shareholders meeting stating that it was exactly that: a “disposition of substantially all of the assets” of the company (100 AD3d 562 [1st Dept 2012]). [read post]