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17 Nov 2021, 9:01 pm by Neil H. Buchanan
No matter how true that might be, what matters is that they will never have the chance to win again.NeverTrumpers to the Rescue? [read post]
12 Nov 2021, 9:52 am by Eugene Volokh
"[W]ithout [a party's] identity in the public record, it is difficult to apply legal principles of res judicata and collateral estoppel"[22]—or to apply judicial estoppel, or to similarly check whether the party's past factual assertions and legal positions are consistent with their current ones.[23] [8.] [read post]
30 Oct 2021, 9:26 pm by David Kopel
[Support for the right to bear arms for all purposes] Corpus linguistics is the scholarly technique of searching historic databases to gather information on the use of important words or phrases. [read post]
17 Oct 2021, 2:17 pm by admin
  The members of the Development Committee included: Ming W. [read post]
16 Oct 2021, 9:21 am by admin
The essence of a failure-to-warn claim is that (1) a manufacturer knows, or should know, about a harmful aspect of its product, (2) which knowledge is not appreciated by customers, (3) the manufacturer fails to warn adequately of this known harm, and (4) the manufacturer’s failure to warn causes the plaintiff to sustain the particular harm of which the manufacturer had knowledge, actual or constructive. [read post]
14 Oct 2021, 3:45 pm by Eugene Volokh
" Plaintiffs also object to the J&J vaccine, asserting that aborted fetal cell lines were used in both its development and production. [read post]
12 Oct 2021, 5:06 am by dferriero
Clinton Presidential Library and Museum Adam Bergfeld, Archivist, the William J. [read post]
12 Oct 2021, 5:06 am by dferriero
Clinton Presidential Library and Museum Adam Bergfeld, Archivist, the William J. [read post]
4 Oct 2021, 4:00 am by Howard Friedman
Aziz, Reflections on Security, Race, and Rights Twenty Years After 9/11, (12 J. [read post]
29 Sep 2021, 5:01 am by Jonathan Shaub
But, as a practical matter, the committee may never receive it. [read post]
24 Sep 2021, 12:08 pm by Eugene Volokh
Facebook, a split Third Circuit panel (in an opinion by Judge Thomas Hardiman, joined by Judge Peter Phipps) said the case could go forward; there is now a circuit split on the subject, so it's possible that the Supreme Court will take the matter up. [read post]
23 Sep 2021, 1:09 pm by Sasha Volokh
Fraternities and sororities would have a massively worse bargaining position, and might have little choice but to yield to universities' demands, no matter how unreasonable. [read post]
16 Sep 2021, 1:34 pm
In so ordering, Judge Kacsmaryk broke with long-standing precedent cautioning judicial deference to the political branches in matters implicating foreign affairs and seemed to subordinate the Executive’s interest in controlling such matters to States’ interests in immigration enforcement. [read post]
13 Sep 2021, 11:36 am by Eric Goldman
This matters because 1591 requires a higher level of defendant scienter than 1595–so high that plaintiffs will have a difficult time showing it. [read post]