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In § 1983 suits the officer’s actions are judged by a reasonableness standard “not capable of precise definition or mechanical application. [read post]
The presentation canvassed a series of issues in the debate regarding appropriate responses, including: state v. federal responses; private ordering v. [read post]
15 Jan 2019, 9:45 am by Eric Goldman
At most, only a fraction of the harassing Yik Yak posts would have qualified as “true threats,” which is a high legal standard precisely because it represents an incursion into the First Amendment. [read post]
18 Dec 2017, 6:00 am by Josh Blackman
” Specifically, the president, “using the powers of his high office, engaged personally and through his close subordinates and agents, in a course of conduct or plan designed to delay, impede, and obstruct the investigation of such illegal entry; to cover up, conceal and protect those responsible; and to conceal the existence and scope of other unlawful covert activities. [read post]
3 Mar 2020, 10:29 am by Rebecca Tushnet
In fairness to the court of appeals, this is a known problem of using “controversial” as a standard in a lawsuit over compelled commercial speech, where there is by definition a controversy. [read post]
26 Feb 2014, 9:53 am
For instance, back in 1985, Robert Levinson complained of a contract with the Eckerd Foundation for the management of the Okeechobee School for Boys in which “[v]irtually every” contract item concerned input activities and pertained to administrative/operational functions. [read post]
13 Jul 2017, 4:07 pm by Gritsforbreakfast
Yet those are precisely the things civilian review boards cannot do. [read post]
5 Jan 2016, 4:01 pm by Cody M. Poplin
Susan flagged the Department of Justice’s motion to vacate the preliminary injunction in Klayman v. [read post]