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17 Feb 2022, 8:36 am
At the 2006 trial of a defendant charged with selling marijuana to an undercover agent—charges procured, the defense protested, through unlawful police entrapment—an attorney invited the arresting officer to share his extensive background in narcotics investigation. [read post]
13 Feb 2013, 8:37 am
Well, not really. [read post]
8 May 2018, 11:14 am
I've often blogged about "stop talking about me" orders—injunctions that ban not just speech that falls within a First Amendment exception (such as true threats or libel), or just unwanted speech to a person (such as repeated phone calls, e-mails, and the like), but also ones that ban a wide range of speech about a person (sometimes including all speech or all online speech by the defendant about the plaintiff). [read post]
28 Dec 2012, 1:57 pm
Nor does information designed for patient consumption in any way trump the learned intermediary rule. [read post]
4 May 2014, 7:31 pm
We’re also wary of engaging in a negotiation in Capitol Hill on this topic, since too often powerful corporate interests will trump the best interests of everyday users in the lawmaking process. [read post]
26 Mar 2014, 11:00 am
When I heard that Kevin McKeown (@kevinmckeown) of LexBlog and Marketing Brain Fodder's Eric Fletcher (@ericfletcher) would be giving a webinar together, I knew I couldn't miss it. [read post]
7 Aug 2017, 10:01 am
This is an interesting twist on the more-familiar concern that military equities in general will trump collection equities. [read post]
28 Dec 2011, 5:29 pm
When it comes to fire and ice, tree-based books trump plastic and silicon-based readers. [read post]
28 Dec 2011, 5:29 pm
When it comes to fire and ice, tree-based books trump plastic and silicon-based readers. [read post]
9 Apr 2024, 11:19 am
The Trump Media stock bubble-and-bust is an extreme example of a "meme stock" phenomenon, which tautologically is a deviation from underlying true valuations. [read post]
13 Apr 2018, 10:31 am
Session 1, Cont’dMid-Point Discussants: Stacey Dogan: pre-20th c, very few cases of claims based on noncompeting goods, and even fewer with actual harm stories. [read post]
7 Jan 2013, 5:43 am
Idea of restitution regime was that technical defenses, like statute of limitations, wouldn’t trump; initially thought to be more of a problem in a civil law jurisdiction. [read post]
4 Jun 2019, 9:30 pm
We asked the 2018-19 Davis Fellows the following question: how has your time at the Davis Center led to new insights about the reach and limits of law and legalities? [read post]
20 May 2013, 12:57 am
The dissenting Justices Harlan and Black also stated that the equal protection argument was the sole issue before the Court - and that it should have been decided in the affirmative if the evidence were admissible at trial. [read post]
2 Dec 2018, 11:25 am
Where aren’t they? [read post]
13 Jun 2016, 8:04 am
Abrams: Scalia said “the” was the key word: takes us back to English law before the adoption of the Bill of Rights, contrary to what Justice Black and others said, which was that the whole purpose of the Bill of Rights was to escape from/move ahead of the old England. [read post]
14 Jul 2015, 6:00 am
So, in Obergefell, Kennedy jettisoned Windsor’s federalism frame when it came time to remind the country that, important as federalism is, it’s trumped by the Constitution’s protection of individual rights. [read post]
12 Feb 2021, 5:01 am
The FATF designation also puts the looming threat of the “black list” on the horizon. [read post]
12 Oct 2020, 6:30 am
Trump in the unlikely event that he in fact beat out Joe Biden by a single vote nationwide? [read post]
3 Feb 2024, 2:59 pm
Play would seem to be fundamental, and should trump derived rights. [read post]
