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1 Dec 2022, 6:43 am by Rebecca Tushnet
“The agreement granting CMT a license to broadcast that program does not mention Plaintiffs. [read post]
1 Dec 2022, 5:16 am by Stephanie Pell
” Even as the U.S. military is taking a more active role in defending against offensive foreign cyber operations occurring outside of traditional armed conflict, however, does that imply a correspondingly active role for the private sector during warfare? [read post]
1 Dec 2022, 4:28 am by Ruth Levush
The second condition is that the defendant wishes to be tried in a citizen participatory trial. [read post]
30 Nov 2022, 7:15 pm by Lawrence Taylor
If a prosecutor does not have evidence beyond a preliminary alcohol screening test or breath test result, they may have to drop their case or negotiate the charges down. [read post]
30 Nov 2022, 5:57 pm by Michael Lowe
In fact, it was wholly unreasonable for any officer in Officer Bonner’s shoes to believe that there was no need to attest to a probable-cause affidavit when: (1) the oath requirement has been a constitutional mandate for all law enforcement officers for well over a century; (2) the Texas Legislature has codified and repeatedly emphasized the oath requirement in the Code of Criminal Procedure; (3) this Court’s opinions have consistently held that the oath requirement is critical… [read post]
30 Nov 2022, 2:13 pm by Kevin LaCroix
”[2]   The Court in Basic and Halliburton II left unanswered a critical question regarding price impact: how long does it take new, value-relevant information to impact the stock price of a security trading in an efficient market? [read post]
30 Nov 2022, 10:04 am by Luke T. Mohrhauser
The Second Circuit’s two-part test provides that the title of an artistic work does not violate the Lanham Act “[(1)] unless the title has no artistic relevance to the underlying work whatsoever, or, [(2)] if it has some artistic relevance, unless the title explicitly misleads as to the source or the content of the work. [read post]
30 Nov 2022, 4:42 am by Andrew Lavoott Bluestone
Co., 242 A.D.2d 175, 181 [1 st Dep’t 1998] [“that plaintiffs now profess their subjective intention was not to surrender any rights under policy 2 does not defeat enforcement of the clear intent of the release.]; see also AckoffOrtega v. [read post]
29 Nov 2022, 6:35 pm by Cynthia Marcotte Stamer
In developing and administering their workplace violence policies, employers should seek both to prevent workplace violence and build a record that can help the employer defend against or mitigate legal and other business risks in the event of an incident. [read post]
29 Nov 2022, 3:09 pm by Cynthia Marcotte Stamer
Aside from the enjoyment many businesses victimized by the defendant’s or other similar disability lawsuits may experience over seeing the defendant get his own comeuppance, the prosecution and the plea also provide important reminders for businesses paying ADA or other settlements to applicants or former employees. [read post]
29 Nov 2022, 1:24 pm by Leah Watson
Defendants try to dress up the State of Florida’s interest as a public employer and educator as prohibiting discrimination in university classrooms, but this does not give defendants a safe harbor in which to enforce viewpoint-based restrictions targeting protected speech,” wrote Judge Walker. [read post]
29 Nov 2022, 6:40 am by Neil H. Buchanan
  The most obvious one was Ohio State-Michigan, the #2 versus #3 matchup. [read post]
29 Nov 2022, 5:01 am by Scott R. Anderson
Subsequent practice does, however, play a central role in how the executive branch approaches the president’s authority to use military force in a variety of other contexts. [read post]
29 Nov 2022, 4:13 am by Bernard Bell
  Is the government the plaintiff, the defendant, or merely a non-litigant in possession of potentially relevant evidence? [read post]