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17 Dec 2021, 6:00 am by Terry Hart
The Year in Copyright: From Google v. [read post]
17 Dec 2021, 5:00 am by Michael C. Dorf
While the states were seen as “laboratories of democracy” by Justice Brandeis in New State Ice Company v Liebmann – in recent years states have become “laboratories of national partisan politics,” to adopt Jessica Bulman-Pozen’s gloss on Brandeis. [read post]
15 Dec 2021, 1:31 pm by Eric Goldman
The court says that sending the August 2018 notice “was at least negligent (bordering on reckless)” but didn’t rise to the level of willful blindness. [read post]
15 Dec 2021, 11:50 am by Aaron Rubin and Heather Whitney
There has been much more legislative action at the state level, however, particularly in conservative states. [read post]
14 Dec 2021, 8:21 am by Phil Dixon
Murder of prison guard by inmate at an understaffed prison did not rise to the level of a state-created danger for purposes of a substantive due process claim Callahan v. [read post]
” Judge Woodcock stated that she is bound by precedent set in HKSAR v Lai Chi Ying and Others and that a constitutional challenge is not appropriate. [read post]
13 Dec 2021, 1:21 pm
State Farm Fire and Casualty, 895 A.2d 530 (Pa. 2006).The court in Donovan also reiterated its previous decision in Gallagher v. [read post]
13 Dec 2021, 12:18 pm by familoo
However, caselaw confirms that welfare is still ‘a primary consideration’ (ZH (Tanzania) v Secretary of State for the Home Department [2011] 2 AC 166, [2011] UKSC 4), so it’s going to be a pretty important factor in any consideration of publication, and in many cases it will be determinative. [read post]
12 Dec 2021, 4:47 pm by Omar Ha-Redeye
 illustrates this problem, [5] I shall first refer to the unsatisfactory state of the record I am asked to rely upon to reach the level of confidence necessary to sustain a judgment on the merits. [read post]
12 Dec 2021, 2:44 pm by Donald Clarke
We can see this in the ICJ’s decision in Bosnia and Herzegovina v. [read post]
10 Dec 2021, 11:16 am by Michael Lowe
From a criminal defense perspective, these charges often demand a complicated and multi-leveled analysis with an independent investigation into the underlying facts of the case. [read post]
10 Dec 2021, 9:10 am by NCC Staff
Jackson Women’s Health Organization that allowing state legislatures to create their own abortion regimes would enhance democracy and would allow the Supreme Court to be “scrupulously neutral” — returning abortion to the states would actually be antidemocratic, because gerrymandering at the state district level, sustained by the Supreme Court’s 2019 decision in Rucho v. [read post]