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31 Mar 2025, 6:58 am by Dan Bressler
An actual conflict exists where an attorney has ‘divided and incompatible loyalties within the same matter necessarily preclusive of single-minded advocacy,’ whereas a potential conflict is one that may never be realized (People v Cortez, 22 NY3d 1061, 1068 [2014]). [read post]
28 Mar 2011, 12:00 am by George M. Wallace
Supreme Court in the affirmative action case of United Steelworkers of America v. [read post]
10 Jun 2012, 1:09 pm by Schachtman
Pre-Daubert Before the Supreme Court decided Daubert, few federal or state courts were willing to roll up their sleeves to evaluate the internal validity of epidemiologic studies. [read post]
29 May 2017, 4:00 am by Ken Chasse
For the former, benchers would have to do the work; for the latter, other people do the work. [read post]
11 Aug 2020, 6:00 am by Guest Blogger
” And, at a similarly crucial point in Matal v. [read post]
17 Jun 2013, 1:31 pm by JB
It was also addressed by the doctrine of Swift v. [read post]
30 Apr 2016, 12:10 pm by Rebecca Tushnet
  Intermediate v. strict scrutiny standard: but that’s one of the principal disputes right now. [read post]
8 Aug 2013, 1:41 pm by Rebecca Tushnet
For example, there are at least lawyers out there willing to argue that actors’ performances are separately copyrightable independent of the audiovisual works in which they appear. [read post]
6 Jul 2013, 12:39 pm by Florian Mueller
As a result, many people complain and want a "cash-only option": they want a contract for their water that comes with no such requirements. [read post]
26 Jun 2018, 10:30 am by Marty Lederman
Not surprisingly, there are already a slew of reactions to the Court's landmark decision on Friday in Carpenter v. [read post]
8 Nov 2011, 7:54 am by Rebecca Tushnet
But we add litigation costs, which is inefficient, because the defendant may be willing to fight not to pay and it’s harder for copyright holders to walk into court and get an injunction. [read post]