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25 Oct 2019, 10:00 am by Eugene Volokh
I appreciate the judge's argument on this, but I'm inclined to think that criminal libel laws that punish knowing lies that damage reputation are constitutional; here's the analysis from my forthcoming Anti-Libel Injunctions article: Criminal libel laws are constitutional if they are consistent with First Amendment libel law mens rea rules (generally speaking, if they require a showing of defendant's "actual malice"[1]). [read post]
7 Oct 2019, 2:07 pm by Mark Walsh
Finally, Roberts devotes several minutes to paying tribute to the late retired Justice John Paul Stevens, who died July 16 at age 99. [read post]
10 Sep 2019, 11:50 am by Adam Faderewski
Rea, 97, of Austin, died May 16, 2019. [read post]
10 Sep 2019, 11:50 am by Adam Faderewski
Rea, 97, of Austin, died May 16, 2019. [read post]
12 Jul 2019, 6:17 am
Barnhill Posted by Peter Atkins and Paul Lockwood, Skadden, Arps, Slate, Meagher & Flom LLP, on Saturday, July 6, 2019 Tags: Board oversight, Caremark, Delaware cases, Delaware law, Derivative suits, Duty of loyalty, Oversight, Shareholder suits An Overview of Vote Requirements at U.S. [read post]
15 May 2019, 10:06 pm
Annsley Merelle Ward writes about the unexpected passing of IP lawyer, Global Chair of Baker McKenzie, husband, father and friend - Paul Rawlinson.Week ending 14 AprilPatentsRose Hughes reports on the IP5 offices conducting a pilot of combined search and examination during the international phase. [read post]
23 Apr 2019, 3:00 am by John Jenkins
Traditionally, crimes require both a wrongful action and a particular mental state—the mens rea, or guilty mind. [read post]
29 Mar 2019, 5:23 am by SHG
Vance, when the attack was the lack of a mens rea requirement for New York’s misbegotten gravity knife law. [read post]
27 Feb 2019, 6:11 am by MBettman
This section of aggravated murder requires the victim to be under the age of thirteen and a “purposefully” mens rea. [read post]
1 Feb 2019, 10:51 am
(Pix © Larry Catá Backer; Tauluseinä Tavelväggen, Wall of Printings (1977); Nörrköping Art Museum Turku Findland))Every year for almost 25 years, the Corporate Practice Commentator (with great thanks to Robert Thompson (Georgetown)) announces the results of its annual poll to select the ten best corporate and securities articles. [read post]
23 Aug 2018, 3:54 am
A great soundtrack for crying, if that's ever on your agenda:But don't you hate that — when you're having a sublimely artistic and romantic experience and Paul and Linda McCartney arrive? [read post]
13 Aug 2018, 7:49 am
Honorees from other years include Nick Godici, Paul Michel, Donald Banner, Charles E. [read post]
4 Jun 2018, 1:25 pm by Eugene Volokh
The main question raised in Masterpiece Cakeshop had to do with the Free Speech Clause, and the prohibition on "compelled speech": Would requiring a baker to make a wedding cake for a same-sex wedding (even one without specific wording or symbolism, such as a rainbow design) be compelling the baker to engage in speech, and thus violate the First Amendment? [read post]
25 Apr 2018, 11:01 am by Chimène Keitner
” (The bank, represented in the Supreme Court by former Solicitor General Paul Clement, previously settled similar claims by U.S. victims under the Anti-Terrorism Act; the ATS claims at issue in Jesner were brought by foreign victims of the same attacks.) [read post]
17 Apr 2018, 11:29 am by Eugene Volokh
Over the last couple of years, I've been looking closely at injunctions against libel, and I've come to agree with the emerging view in recent appellate court decisions -- such injunctions, if properly crafted, are constitutional. [read post]
24 Jan 2018, 6:15 pm by Ed. Microjuris.com Puerto Rico
“Estamos listos para trabajar con el Congreso para abordar las necesidades críticas de las personas en las áreas devastadas por las tormentas y reconocer que nuestro trabajo colectivo en el suplementario es solo el próximo paso en lo que será un esfuerzo de recuperación a largo plazo tanto a nivel federal como local”, concluye la carta. [read post]