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22 Jul 2022, 4:34 pm by Eugene Volokh
In order of ascending strength, they are: (1) generic, (2) descriptive, (3) suggestive, and (4) arbitrary or fanciful. [read post]
22 Jul 2022, 7:45 am by Thaddeus Mason Pope, JD, PhD
To promote transparency and public trust, guidelines for death determination should do three things: (1) acknowledge that biomedical definitions are not metaphysically neutral; (2) justify brain-based concepts on consequentialist grounds; and (3) make room for dissenting voices. [read post]
22 Jul 2022, 6:55 am by Dennis Crouch
After the fifth month but prior to the six‐month deadline to respond … Defendants shall (1) pay any and all necessary fees for a three‐month extension and (2) file a continuation … that does not remove or limit any claims of priority nor alter or abandon any claims. [read post]
21 Jul 2022, 2:58 pm by Eugene Volokh
The defendant is a probate judge running for reelection, who used a Facebook page to promote his campaign. [read post]
21 Jul 2022, 10:44 am by Dennis Crouch
  The appellate court noted the change in law under eBay, but also went on to explain that  Arizona Law “does not presume irreparable harm. [read post]
21 Jul 2022, 7:57 am by Alex Phipps
(1) Indictment for going armed to the terror of the public must allege an act on a public highway; (2) a private apartment complex parking lot does not represent a public highway for purposes of going armed to the terror of the public. [read post]
21 Jul 2022, 7:23 am by INFORRM
   The section entitled “Legislative Reforms” does not propose a statutory definition at all. [read post]
21 Jul 2022, 6:34 am by Sherli M. Furst
[2] See https://www.law360.com/articles/1500820/in-industry-first-holland-knight-serves-defendant-via-nft. [read post]
20 Jul 2022, 4:33 pm by lcampbell@lawbc.com
This case potentially places glyphosate registrants in the position of defending themselves for not warning about the potential carcinogenicity of glyphosate despite past EPA statements that any such warning would be considered a violation of FIFRA. [read post]
20 Jul 2022, 12:59 pm by Ilya Somin
No justice - including Clarence Thomas, who has explicitly defended Loving - has any desire to do that. [read post]
20 Jul 2022, 6:57 am by Eric Goldman
US * New Civil FOSTA Lawsuits Push Expansive Legal Theories Against Unexpected Defendants (Guest Blog Post) * Section 230 Helps Salesforce Defeat Sex Trafficking Lawsuit–Doe v. [read post]
20 Jul 2022, 6:12 am by Rohini Kurup, Jonathan Shaub
  If our theory is correct, the Justice Department’s clear statement in its Meadows brief that testimonial immunity does not apply means that, from this point forward, no senior adviser to Trump—including Meadows or Scavino—has a viable defense to contempt for refusing to comply with the committee’s subpoenas. [read post]
20 Jul 2022, 5:01 am by Eugene Volokh
John Stuart Mill famously defended freedom of speech in part on the grounds that the only real basis for "presuming an opinion to be true" is that "with every opportunity for contesting it, it has not been refuted. [read post]