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21 Feb 2022, 5:53 pm by Jeff Welty
Townley, 45 F.3d 914, 919 (5th Cir. 1995), that “[t]he fact that [the officer using force] and [another officer on the scene] were from different law enforcement agencies does not as a matter of law relieve [the latter] from liability for a failure to intervene. [read post]
21 Feb 2022, 3:40 pm by Matthew D. Kaplan
That latter one, negligence per se, was very important because it is a “tort claim” and allows you to seek additional forms of compensation beyond what you typically can get in a contract action. [read post]
21 Feb 2022, 2:37 pm by Eugene Volokh
" The interior designer "license requirement regulate[d] solely the latter," we said. [read post]
21 Feb 2022, 10:00 am by Rebecca Tushnet
In Re Folgers Coffee, Marketing Litig., No. 21-2984-MD-W-BP, 2021 WL 7004991 (W.D. [read post]
21 Feb 2022, 7:35 am by Jonathan H. Adler
"  That's partly right, but actually what Nina and I wrote is that the bipartisan consensus across presidencies in favor of benefit-cost analysis (BCA) started with the EOs issued by Carter (12044, plus OMB guidance) and Reagan (12291), whereas Nixon and Ford had focused on "quality of life," "inflation," and "economic impact" (perhaps the latter embraces BCA); and then, building on Clinton's EO 12866 (which solidified bipartisan commitment… [read post]
19 Feb 2022, 9:31 am by Cyberleagle
The latter is the position of a host under the existing intermediary liability regime, with which the proposed positive legal duty would co-exist. [read post]
19 Feb 2022, 8:22 am by Eugene Volokh
" Bloomberg claims that the latter is "an unlawful restraint" and that "[p]utting the LGBTQ Proclamation up for a vote is no more 'government speech' than a ballot initiative being placed on a ballot is 'government speech' or an 'endorsement' of that initiative. [read post]
18 Feb 2022, 11:57 am by Ilya Somin
Indeed, any discrimination only occurs with respect to careers the latter may want to pursue after leaving federal employment. [read post]
18 Feb 2022, 8:28 am by Scott R. Anderson
Last Friday, the Biden administration announced what may be the most significant change in U.S. policy towards Afghanistan since the fall of Kabul. [read post]
18 Feb 2022, 7:58 am by Samuel Bray
On that latter point we say this: All this is clear from equity's institutional history and doctrinal development. [read post]
17 Feb 2022, 8:36 am by Anna Lvovsky
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]
For the latter, according to Church, on-demand fractional talent can add value to HR leaders and organizations in 2022. [read post]
Secondly, the Court distinguished the conditionality mechanism regulation from Article 7 TEU in both letter and spirit, noting that while the former regulation applies only when  rule of law violations by the Member States affect proper implementation of the Union budget, the latter’s purpose is: To allow the [European] Council to penalise serious and persistent breaches of each of the common values on which the European Union is founded and which define its identity, in… [read post]
16 Feb 2022, 5:03 am by Eugene Volokh
The latter statement was held to have the requisite "sting;" the Court held "sting" was missing in the former. [read post]
16 Feb 2022, 5:00 am
As mentioned before, similar methods of punishment are used in both the first and second DUI offense, but the latter typically will be for a longer duration and come with a higher fine. [read post]
14 Feb 2022, 4:20 pm by INFORRM
Broadly speaking, the former prevents publication of what happens in hearings and is said in documents, whilst the latter prevents publication of information likely to identify the child as a subject of the proceedings. [read post]
14 Feb 2022, 10:32 am by Eric Goldman
A few observations from reading numerous FOSTA cases: sex trafficking victim cases are horrifying. courts cannot figure out how to interpret FOSTA. due to FOSTA’s ambiguities, judges are turning to judicial activism to favor victims regardless of the law. the doctrinal errors judges are making in FOSTA cases may migrate into standard Section 230 jurisprudence, which would cause significant problems for UGC that Congress thought FOSTA wouldn’t reach. [read post]
14 Feb 2022, 9:47 am by Skylar Hunter
With respect to the latter point, one need only look back at a 2018 decision (San Francisco Police Officers’ Assn. v. [read post]