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9 Apr 2024, 7:03 am by Robin E. Kobayashi
While the vast majority of workers’ compensation claimants follow the rules, speak truthfully, do not exaggerate symptoms, or otherwise unethically attempt to maneuver within “the system,” there are occasions in which a claimant may knowingly make a false statement or representation of a material fact for the purpose of obtaining workers’ compensation benefits. [read post]
25 Mar 2024, 5:01 am by Eugene Volokh
Having one party incognito but not the other can tilt the scales of justice in the direction of guilt by anonymous accusation, a prospect which would be just as abhorrent to civil litigation as it is to our criminal justice system. [read post]
4 Mar 2024, 12:47 pm
One is also reminded that the federal constitution (and the normative political system it operationalizes) provides sometimes large spaces of plausible interpretation and a range of privileging principles among which one can choose and remain true to the text and the spirit of the Constitutional document. [read post]
1 Mar 2024, 1:50 pm by Eugene Volokh
Indeed, as the November 2023 drama was unfolding, Microsoft's CEO boasted that it would not matter "[i]f OpenAI disappeared tomorrow. [read post]
21 Feb 2024, 7:46 am by Eugene Volokh
Having one party incognito but not the other can tilt the scales of justice in the direction of guilt by anonymous accusation, a prospect which would be just as abhorrent to civil litigation as it is to our criminal justice system. [read post]
21 Feb 2024, 4:00 am by Rebecca Tushnet
Peloton Interactive, Inc., 2024 WL 665181, No. 21-cv-03202-LB (N.D. [read post]
16 Feb 2024, 4:27 am by Allan Blutstein
Raimondo (another case I’m working on) and with the Fifth Circuit likely to hear an Appointments Clause challenge to the whole council system in Arnesen v. [read post]