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9 Dec 2010, 9:03 pm
Wow, what a year for cyberlaw and information technology policy books! [read post]
23 Jun 2014, 12:57 pm
ITERATIVE DISJUNCTIVE SYLLOGISM Basic propositional logic teaches that the disjunctive syllogism (modus tollendo ponens) is a valid argument, in which one of its premises is a disjunction (P v Q), and the other premise is the negation of one of the disjuncts: P v Q ~P_____ ∴ Q See Irving Copi & Carl Cohen Introduction to Logic at 362 (2005). [read post]
24 Jan 2014, 12:57 am
Liability may attach if the officer is adjudged in hindsight to have acted outside the scope of his or her delegated authority or to have failed to act on a matter that was not (sic) within his or her expected areas of responsibility.[8] More recently, five decisions by federal district courts in California ruled that the business judgment rule applies only to independent directors, not officers. [read post]
16 Dec 2013, 6:36 am
As I explained earlier, the crux of plaintiffs’ RFRA claims in Hobby Lobby and Conestoga Wood is that the HHS “Preventive Services” Rule substantially burdens the religious exercise of the companies’ owners and managers by putting them to an untenable choice between their civil and religious obligations. [read post]
6 Feb 2024, 3:36 pm
As I explained in one of my earlier posts, several or all of the Justices might be inclined to decide the case on some ground that doesn’t require the Court to decide whether Donald Trump is eligible to be President, if such an “off-ramp” solution is legally available. [read post]
4 May 2012, 7:31 am
As I noted on Tuesday, Adis Medunjanin was convicted this week in connection with the NYC subway bombing plot. [read post]
24 Aug 2012, 12:18 pm
The following is the text of the Occupy Salt Lake City motion to dismiss criminal charges. [read post]
25 Apr 2011, 7:47 pm
I’m not saying that such aberrations never happen in this country, but it’s at least somewhat rare. [read post]
16 Sep 2024, 6:07 am
In my second essay, I’ll discuss the United States’ more fundamental objection that the ICC lacks jurisdiction over Israeli nationals for conduct involving Gaza because (according to the United States) Palestine is not a state that itself would have prescriptive or enforcement jurisdiction over such persons as a matter of international law (an objection that does not depend upon the Oslo Accords). [read post]
13 Jul 2021, 5:30 am
“Sherron, even if it’s the last $10,000 you have, you have to use it to hire an attorney. [read post]
19 Apr 2022, 12:37 pm
Recently, the Second Circuit issued a significant Freedom of Information Act (“FOIA”) decision construing the FOIA exemption covering law enforcement records that “would disclose techniques and procedures for law enforcement investigations or prosecutions, or would disclose guidelines for law enforcement investigations or prosecutions if such disclosure could reasonably be expected to risk circumvention of the law,” 5 U.S.C. [read post]
28 Oct 2011, 7:00 am
Fla. 2009) (“[w]here a physician fails to review the warnings issued by the manufacturer, proximate cause cannot be established”). [read post]
21 Jan 2013, 2:57 pm
While former President George W. [read post]
13 May 2021, 7:06 am
President Biden signed an executive order on May 12, 2021, intended to address the country’s cybersecurity issues following the SolarWinds hack. [read post]
14 Sep 2020, 11:17 am
” Tarik M. [read post]
20 Sep 2014, 1:06 pm
(Pix (c) Larry Catá Backer 2014) Since 2010, I have been posting on the development of a new course I have been developing for our first year law school students, "Elements of Law. [read post]
24 Oct 2017, 10:58 am
Key Findings Early analysis of the distribution of the corporate income tax relied on theoretical models and thought experiments. [read post]
16 Feb 2021, 2:23 pm
M&T Bank Corp., 962 F.3d 701, 717 (3d Cir. 2020). [read post]
29 Jul 2020, 5:04 pm
Appearances matter. [read post]
25 Sep 2011, 10:14 am
IntroductionNormative legal theory is concerned with the ends and justifications for the law as a whole and for particular legal rules. [read post]