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8 Sep 2022, 5:35 am by Jack Goldsmith
A few states, for instance—including New York, where Fox is headquartered—require a showing of "actual malice" for all statements of public concern, including statements about private figures.[2] Most other states allow recovery of proven compensatory damages for libel based on a showing of mere negligence.[3] Presumably Fox would want to avoid even negligent mistakes, just as a matter of editorial policy. [read post]
11 Jun 2010, 8:36 am by Joseph C. McDaniel
Lundin, Chapter 13 Bankruptcy §164.1, p. 164–1, and n. 4 (3d ed. 2000) (hereinafter Lundin (2000 ed.)) [read post]
27 Apr 2016, 7:18 am
Court of Appeals for the 10th Circuit 2015) (Gorsuch, J., concurring). [read post]
11 Feb 2014, 6:02 am by Kelly Phillips Erb
The threshold for issuing a form W-2 is based on dollars – nothing else matters. [read post]
6 May 2022, 6:10 am by Noah J. Phillips
[Closing out Week Two of our FTC UMC Rulemaking symposium is a contribution from a very special guest: Commissioner Noah J. [read post]
29 Sep 2021, 12:18 pm by Eugene Volokh
Ryan, 806 P.2d 935, 941 (Colo. 1991) (likewise, as to speech on matters of purely private concern). [read post]
31 Aug 2022, 7:46 am by Matthias Weller
“New Challenges in Recognition and Enforcement of Judgments”, in Franco Ferrari, Diego P. [read post]
4 Oct 2022, 6:20 pm
As a matter of first impression for our Circuit, we hold that the legislative invocation at issue constitutes government speech. [read post]
10 Apr 2018, 2:40 pm
This requites distinguishing between those obligations that apply to the internal operations of financial institutions generally, and those obligations that apply to the financial institution’s obligations with respect to its lending activities, that is with respect to its relationship with its borrowers. [read post]
20 May 2019, 9:11 am by MOTP
Should it be based on how the highest court ruled on the matter, which would then—on the particular waiver issue in this example-- result in a tie between the State of Texas (based state common law) and the Fifth Circuit (based on federal common law).Or should the counting and coding be based on how different courts ruled regardless of whether they were ultimately reversed? [read post]