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20 Oct 2020, 4:10 pm
Warby J was unimpressed by Tesco’s reliance of potential reputational harm: no rational member of the public would, knowing the facts, think worse of Tesco or shun it, particularly given the historic nature of the matters ([46]). [read post]
20 Oct 2020, 1:16 pm
On Sept. 26, President Trump nominated Judge Amy Coney Barrett to fill the Supreme Court vacancy created by the death of Justice Ruth Bader Ginsburg eight days earlier. [read post]
20 Oct 2020, 7:50 am
However, this bill will not materially change the current enforcement patterns because it doesn’t mandate controls and doesn’t fund the CBP to execute the mission it calls for. [read post]
19 Oct 2020, 3:59 pm
The one-month deadline for commets demonstrates an odd urgency given the ongoing litigation, which certainly will not be concluded by that date (at least not the APA matter). [read post]
19 Oct 2020, 8:43 am
Since Monell, the Supreme Court has articulated that Monell liability may attach where the local government promulgates (a) a formal policy or (b) an informal custom that has the force of law and (c) fails to train its employees. [read post]
19 Oct 2020, 7:05 am
How they get there is another matter. [read post]
19 Oct 2020, 6:55 am
As a matter of logic, one would assume we’d all agree it’s not. [read post]
16 Oct 2020, 10:25 am
The Kelloggcourt looks at size, prominence, font; we can’t say there’s some recent trend on disclaimers b/c there’s no recent trend of using unfair competition as a distinct body of law at all. [read post]
16 Oct 2020, 5:01 am
Other journalistic traditions that aren't disqualifying: bias, and bearing grudges.] [read post]
15 Oct 2020, 7:00 am
I don’t think so. [read post]
15 Oct 2020, 7:00 am
I don’t think so. [read post]
15 Oct 2020, 5:21 am
[B.] [read post]
14 Oct 2020, 2:32 pm
Rest assured that we at Relist Watch are ignoring such things and keeping our eyes firmly on what really matters, the little-noticed minutiae of a single court’s docket. [read post]
14 Oct 2020, 1:21 pm
Barrett held that the district court should have applied the categorical approach, no matter what the actual facts might have been. [read post]
14 Oct 2020, 11:13 am
Does it matter, for this purpose, if they're funded or unfunded? [read post]
14 Oct 2020, 6:30 am
Why we can’t have the ideal But we can’t have it. [read post]
13 Oct 2020, 3:14 pm
I can’t return the papers and say ‘It just won’t do! [read post]
13 Oct 2020, 8:08 am
Under this interpretation, a company can solicit thousands of potentially defamatory statements, "selec[t] and edi[t] … for publication" several of those statements, add commentary, and then feature the final product prominently over other submissions—all while enjoying immunity. [read post]
13 Oct 2020, 6:30 am
Why Does This Matter? [read post]
12 Oct 2020, 9:01 pm
The SG’s theory would permit any person who claims to suffer a concrete and imminent injury (no matter how trivial) from any one of its myriad provisions or sub-provisions to challenge it as inseverable based on an underlying claim that the mandate or another provision or sub-provision is unconstitutional. [read post]
