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12 Mar 2012, 7:46 am
(Stephanos Bibas (University of Pennsylvania), guest-blogging) I’d like to thank Eugene and his fellow co-conspirators for graciously letting me guest-blog this week about my new book, The Machinery of Criminal Justice, which was just published by Oxford University press and is available here. [read post]
27 Mar 2012, 6:00 am
Eugene Kontorovich, guest-blogging) Lets take a break from the ACA to think about the federal government’s power to to deal with matters that have no connection to the U.S., an issue the Court will take up when it hears the expanded arguments in Kiobel, the ATS case. [read post]
5 Dec 2023, 5:01 am
In MCAD v. [read post]
17 Aug 2018, 7:45 am
Even if permanent injunctions against speech that has been found to be libelous are constitutional, preliminary orders based on a mere finding that the speech is likely libelous -- or just might be libelous -- are generally unconstitutional.American courts have, in recent decades, debated whether they can issue permanent injunctions against libel. [read post]
22 Feb 2024, 11:02 am
[This is the film based on the bestselling book by FIRE's Greg Lukianoff and Prof. [read post]
13 May 2024, 5:01 am
A very interesting item by Prof. [read post]
27 Jan 2022, 5:01 am
I've just finished up a rough draft of my The Right to Defy Criminal Demands article, and I thought I'd serialize it here, minus most of the footnotes (which you can see in the full PDF). [read post]
10 Sep 2018, 10:34 am
"The irony is that Kavanaugh is a remarkably un-Trumpian nominee.... [read post]
25 Oct 2018, 9:52 am
What seems to be a real radio ad put out by the McCaskill campaign.See this CNN story (Rebecca Berg); you can hear the audio at Legal Insurrection (Kemberlee Kaye). [read post]
8 Mar 2018, 9:21 am
From a federal district court opinion I was just reading, The Court strongly disfavors footnoted legal citations. [read post]
9 May 2018, 5:42 am
In Young v. [read post]
20 Dec 2017, 9:54 am
A commenter on the aborted fetus sign thread asks, What about a sign showing images of naked women? [read post]
10 Oct 2018, 4:26 pm
An interesting dissent from denial of review by Texas's high court for criminal cases.From today's opinion in Ogle v. [read post]
2 Feb 2018, 8:47 am
From yesterday's Seventh Circuit decision in United States v. [read post]
1 Jun 2022, 1:39 pm
As all of you must have heard by now, Johnny Depp won his libel case against Amber Heard, and was awarded $10 million in compensatory damages plus $5 million in punitive damages (but Virginia law reduces the punitive award to $350,000). [read post]
17 Apr 2018, 11:29 am
Over the last couple of years, I've been looking closely at injunctions against libel, and I've come to agree with the emerging view in recent appellate court decisions -- such injunctions, if properly crafted, are constitutional. [read post]
25 Jun 2018, 6:57 pm
For an excerpt from Kaminer's original op-ed, as well as David Cole's and Nadine Strossen's disagreement with Kaminer—and Ira Glasser's response largely agreeing with Kaminer—see this post. [read post]
30 Sep 2022, 12:29 pm
["For years, a Grey’s Anatomy writer told her personal traumas in online essays, and wove those details into the show’s plot—until a surprising email to Shondaland accused her of making it all up. [read post]
28 Feb 2024, 8:20 am
An interesting article by Jacob Mchangama and Jules White (Time); an excerpt: The material of a long dead comedian is a good example of content that the world´s leading GenAI systems find "harmful. [read post]
31 Aug 2018, 11:12 am
"While not a criminal matter, an order of protection exposes a respondent to an array of restrictions, including severe limitations on his or her Second Amendment rights. [read post]
