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31 May 2022, 11:00 am by Neil H. Buchanan
Buchanan  A week ago today, an eighteen-year-old armed with a weapon that would be nearly impossible to obtain in most countries killed 19 children and 2 adults in Uvalde, Texas. [read post]
31 May 2022, 10:03 am
This does not appear to be a particularly objective approach either. [read post]
31 May 2022, 8:50 am by Steven Cohen
Kennett has opines that the deflation of the frontal airbags after the initial impact does not render his opinion as unreliable. [read post]
31 May 2022, 5:57 am by Kevin LaCroix
  The Fifth Circuit Rules SEC Administrative Proceedings Unconstitutional On May 18, 2022, the Fifth Circuit, in a 2-1 decision, vacated an ALJ decision granting hundreds of thousands of dollars in penalties and disgorgement on constitutionality grounds. [read post]
30 May 2022, 4:10 pm by INFORRM
  Saini J was careful not to overlook the submission that “the fact that there has been an incident affecting an individual’s personal data does not per se mean that the Defendant is legally liable in respect of that incident” [75]. [read post]
30 May 2022, 8:25 am by Eric Goldman
Courts in the Fifth Circuit consider: (1) the type of mark allegedly infringed; (2) the similarity between the two marks; (3) the similarity of the products or services; (4) the identity of retail outlets and purchasers; (5) the identity of the advertising media used; (6) the defendant’s intent; and (7) actual confusion. [read post]
30 May 2022, 8:17 am by John Floyd
  In 2012, the Supreme Court issued a 7-2 majority landmark decision (one hotly contested by Justices Clarence Thomas and Antonin Scalia) in Martinez v. [read post]
29 May 2022, 4:05 pm by INFORRM
The injunction does not remove the rights of the defendants to assemble and express their opposition to the fossil fuel industry. [read post]
29 May 2022, 12:51 pm by Eugene Volokh
When the government is speaking for itself, the forum analysis simply does not apply. [read post]
29 May 2022, 7:41 am by David Adelstein
  The post DOES THE UCC APPLY TO THE CONTRACT FOR THE SALE OF GOODS AND SERVICES appeared first on Florida Construction Legal Updates. [read post]
29 May 2022, 5:04 am by jonathanturley
” In boarding Air Force 2 after attending one of the funerals in Texas, Harris told the press “You know what an assault weapon is? [read post]
28 May 2022, 7:51 am by Eric Segall
Wainwright should be overruled because the Constitution only guarantees a criminal defendant a lawyer if he can pay for one. [read post]
27 May 2022, 1:54 pm by Andrew Hamm
Convicted CEO asks justices whether Brady imposes a due diligence requirement on defendants In Blankenship v. [read post]
27 May 2022, 10:12 am by Eugene Volokh
Judge Azcarate held generally that, under Virginia law, the decision against Depp in (1) his lawsuit against one defendant (The Sun) for its statements wasn't binding in (2) a case by Depp against another defendant (Heard) for her statements—even if the gist of the statements (that Depp had beaten Heard) was similar. [read post]
27 May 2022, 9:27 am by Anthony Zaller
  The bill states that it does not create the right for the employee to be impaired while at work, does not apply to the building and construction trades, and does not preempt state or federal laws requiring employees to be tested. [read post]
27 May 2022, 8:58 am by Eugene Volokh
[A] narrowly tailored time, place, and manner content-neutral restriction on speech is one that does not burden substantially more speech than is necessary to achieve a substantial government interest. [read post]