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30 Oct 2022, 10:01 am by jonathanturley
Courts regularly exclude injuries associated with the exercise of free speech or artistic expression . . . even when accompanied by buckets of fake blood. ___________________________________________________________   The Dorney Park and Wildwater Kingdom in Pennsylvania tells customers that, if they come to their Halloween Haunt, “Fear is waiting for you. [read post]
” The brief concludes that Grutter must be overturned in order to revitalize free expression on college and university campuses. [read post]
28 Oct 2022, 6:32 am
In fact, the word “material” was part of the original Securities Act of 1933, also known as the “Truth in Securities Law. [read post]
25 Oct 2022, 9:01 pm by Michael C. Dorf
Consider three cases decided earlier this year.In New York State Rifle & Pistol Ass’n, Inc. v. [read post]
24 Oct 2022, 1:30 am by Aaron Moss
Companies like Prepared Food Photos, Inc. have made an entire business out of suing individuals and companies for using relatively generic and utilitarian photos that could, in many instances, be easily replaced by AI-created art. [read post]
23 Oct 2022, 7:03 pm by Guest Author
Later this year, the Court will hear oral argument in Axon Enterprise, Inc. v. [read post]
” For instance, in the case of Canadian College of Business & Computers Inc. v. [read post]
17 Oct 2022, 4:31 am by Peter Mahler
[b]y the express will of any partner when no definite term or particular undertaking is specified. [read post]
13 Oct 2022, 10:00 am by Scott Hervey
The key to a finding of fair use is whether the new use is transformative; does the new work merely “supersedes the objects” of the original creation, or instead adds something new, with a further purpose or different character, altering the first with new expression, meaning, or message. [read post]
12 Oct 2022, 4:52 am by Andrew Lavoott Bluestone
Supreme Court properly dismissed plaintiff’s legal malpractice cause of action in the original complaint because he failed to allege that “but for” defendant’s negligent conduct, he would have prevailed in the underlying action (Weil, Gotshal & Manges, LLP v Fashion Boutique of Short Hills, Inc., 10 AD3d 267, 272 [1st Dept 2004]; see Rudolf v Shayne, Dachs, Stanisci, Corker & Sauer, 8 NY3d 438, 442 [2007]). [read post]
11 Oct 2022, 9:22 am by David Kopel
Baby Girl, 570 U.S. 637, 658-65 (2013); and in his dissent from denial of certiorari in Upstate Citizens for Equality, Inc v. [read post]
11 Oct 2022, 7:16 am by Kevin LaCroix
  D&O insurance was originally designed to step in when the company could not indemnify the directors and officers. [read post]
11 Oct 2022, 6:58 am by Dennis Crouch
Acuff-Rose Music, Inc., 510 U.S. 569 (1994). [read post]
4 Oct 2022, 6:20 pm
Not that the barque twists and turns of the application of the doctrine has not served the interests of judicial majorities of the Supreme Court when it suited them--even as a means of protecting the populace form religious expression that might not represent the views of a majority. [read post]
3 Oct 2022, 12:04 pm by admin
Even if plaintiffs’ claims passed through the gate in 2008, they were highly vulnerable to courtroom challenges to the original meta-analysis. [read post]