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22 May 2024, 7:03 am by Eugene Volokh
Even if stealthing is not a crime, Schwartz argues that it is a civil tort. [read post]
20 May 2024, 6:26 am by Kevin LaCroix
This estimate is driven by the short class period of the filed case, large institutional holdings not traded in the class period and the increasing trajectory of the stock price during the class period.[5] The estimate is even lower if potential defense-side loss causation analyses are applied.Reasons for the Infrequent Use of Initial Economic AssessmentThere are a number of reasons for the infrequent use of economic assessment at the outset of a securities class action. [read post]
20 May 2024, 5:01 am by Doriane Coleman
It would otherwise disallow any distinctions on the basis of sex and sex-linked biology—even good and valuable ones. [read post]
17 May 2024, 3:27 pm by Eugene Volokh
That is so even where the net effect of the advocacy is to sway public opinion. [read post]
17 May 2024, 5:01 am by Eugene Volokh
Even if the alleged statements were defamatory, they were not made to, or in front of, a third person…. [read post]
15 May 2024, 10:47 am by Eugene Volokh
Monge, she was informed that she would not "teach any of her current classes, be an adjunct professor, or even be an associate curator at the Penn Museum, and was being demoted to Museum Keeper. [read post]
14 May 2024, 2:02 pm by Eugene Volokh
Tam (2017)), the government can't exclude "hate speech" even from limited public fora (or nonpublic fora), even if it could exclude "vulgarity" or "profanity. [read post]
14 May 2024, 10:27 am by Eugene Volokh
Indeed, such denial of tax exemptions can extend even to groups that operate merely "contrary to public policy," which includes engaging in race discrimination in education (Bob Jones Univ. v. [read post]
13 May 2024, 5:01 am by Eugene Volokh
Constitution, even when pertaining to so-called "low-value" speech forms. [read post]
10 May 2024, 9:12 am by Eugene Volokh
He also notes, "everyone struggles with some thoughts on this matter": Eden Golan brings risk and danger to Malmo as a singer of her beautiful country—even if it is a broadcasting competition. [read post]
10 May 2024, 8:34 am by Eugene Volokh
For members of our community who may remember or even have participated in past protests, at MIT or elsewhere: This situation is fundamentally different. [read post]
10 May 2024, 6:35 am by Michael C. Dorf
So long as peaceful protesters aim to achieve change by growing or demonstrating the number of people who hold their views, they are engaged in speech that is unproblematic--at least from the perspective of coercion (even if authorities have grounds to regulate it through reasonable time, place, and manner rules). [read post]
9 May 2024, 9:01 pm by Austin Sarat
They “stared at, stroked, and punctured … [Miller’s] skin … —even producing a pocket flashlight to try to detect a vein visually…. [read post]
8 May 2024, 1:58 pm by Eugene Volokh
Doe's more expansive view of what should be sealed, even though in this Order, the Court declined to accept Mr. [read post]
8 May 2024, 1:44 pm by Eugene Volokh
Plaintiffs alternatively contend that even if AB 173 does not actually impede their ability to keep and bear arms, it chills them from exercising their Second Amendment rights. [read post]
7 May 2024, 12:59 pm by Eugene Volokh
Perhaps even behind closed doors the university might try to deal with this fairly, maybe even weighing scholarship or public commentary that comes to an anti-war conclusion equally with scholarship or public commentary that comes to a pro-war conclusion. [read post]
7 May 2024, 9:18 am by Eugene Volokh
If the facts are as described in the press coverage, this would likely be a violation of the First Amendment; and even apart from the First Amendment, it strikes me as an improper attempt to enforce a particular ideological orthodoxy. [read post]
7 May 2024, 8:07 am by Eugene Volokh
But actually what's happened is in some places it became even worse than a paradigm; it became a regime. [read post]
7 May 2024, 7:12 am by Scott Bomboy
Community for Creative Non-Violence, found that such expression even as a form of protest could be limited. [read post]