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4 Mar 2018, 6:07 pm by Yale Hauptman
  I wrote about this topic last January (see blog posts 1-2-17 and 1-9-17) but we are seeing the scenario with increasing frequency, so it is certainly worthwhile to address it again. [read post]
22 Jan 2018, 4:18 pm by Kevin LaCroix
On appeal, defendants argued, among other things, that (1) the district court imposed an improper burden by requiring “conclusive evidence”; and (2) the district court erroneously rejected defendants’ rebuttal. [read post]
17 Jan 2018, 10:04 am by Eric Goldman
The “I am Jane Doe” crowd has lined up behind SESTA and views substitute FOSTA with hostility. [read post]
17 Jan 2018, 10:04 am by Eric Goldman
The “I am Jane Doe” crowd has lined up behind SESTA and views substitute FOSTA with hostility. [read post]
17 Jan 2018, 8:51 am by John Elwood
Garza, 17-654, involves an unaccompanied teenager (known as “Jane Doe” to protect her privacy) who was caught trying to enter the United States illegally. [read post]
31 Dec 2017, 10:36 am by Marty Lederman
  At a minimum, DOJ’s decision to allow Judge Kavanaugh’s assumption to go unrebutted, together with the failure to correct DOJ’s misstatement about rape cases, provides relevant context in which to consider the SG’s highly irregular allegations against Jane Doe’s lawyers.2. [read post]
26 Dec 2017, 9:30 pm by Series of Essays
Daniel When you need help during an emergency, you call 9-1-1—and each of your first responders has a clear role to play and works together to achieve a common goal: ensuring your well-being. [read post]
26 Dec 2017, 8:16 am by David Luban
” Model Rules of Prof’l Conduct R. 4.1 cmt. 1 (2017). [read post]
25 Dec 2017, 9:39 pm by Marty Lederman
Circuit back on October 20th, and it occurred to me that two further problematic DOJ arguments are also worth flagging.1. [read post]
22 Nov 2017, 1:00 pm by Sarah Grant
District Court Judge Colleen Kollar-Kotelly’s order last month in Jane Doe 1, et al., v. [read post]
12 Nov 2017, 11:00 pm by Kevin LaCroix
Affiliated Ute Does Not Apply to Claims Based Primarily on Misstatements The Second Circuit agreed with defendants that the district court should not have given plaintiffs the benefit of the Affiliated Ute Adhering to two of its prior decisions, the court held that Affiliated Ute does not apply to claims based “primarily” on affirmative misstatements, as opposed to omissions.[6] The court noted that the alleged omissions were “simply the inverse” of the… [read post]
8 Nov 2017, 4:47 am by Marty Lederman
  Later that day, by a 2-1 vote, it stayed those portions of the injunction that prohibited HHS from preventing others from transporting Doe to a facility for the abortion and “from interfering with or obstructing J.D. [read post]
2 Nov 2017, 2:53 pm
No visa program - whether K-1, B-2, H-1B, immigrant, Visa Waiver, or DV - does NOT have a counterterrorism and security check screening. [read post]
31 Oct 2017, 10:30 am by Sarah Grant
District Court for the District of Columbia issued a memorandum opinion and order in the case of Jane Doe 1, et al., v. [read post]
26 Oct 2017, 7:38 am by Andrew Koppelman
  There has been some very good scholarship and journalism, notably by Theda Skocpol and Jane Mayer, exploring that question. [read post]
24 Oct 2017, 10:58 am by Colby Pastre
Sixty-five years ago, he noted that the corporate tax could force capital from the corporate sector to the no-corporate sector, reducing returns to noncorporate businesses, which would suffer some of the burden of the corporate tax.[2] He assumed a closed economy, where the capital remained in the country, but shifted sectors. [read post]
23 Oct 2017, 9:01 pm by Joanna L. Grossman
Jane Doe clearly has a right under relevant Supreme Court precedents to terminate her pregnancy. [read post]