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27 May 2022, 10:12 am by Eugene Volokh
The elements of a defamation claim include: "(1) publication of (2) an actionable statement with (3) the requisite intent. [read post]
6 Sep 2017, 7:13 am by Gritsforbreakfast
There are 1) a small number of violent offenders receiving increasingly extreme sentences, according to the Urban Institute's findings, and 2) a vast number of low-level offenders, many of whom probably shouldn't be sent to prison in the first place, who contribute to "churn" in the justice system, filling county jails and stacking up third-degree and state-jail felonies.That second category is where the most important short-term reductions may be found. [read post]
21 Apr 2019, 3:08 pm
Rydland does not seek probate of the QFT; rather, she seeks to validate the sixth clause. [read post]
10 Nov 2023, 4:25 am by Michael C. Dorf
 SBF, in other words, is a kind of inversion of Ayn Rand's John Galt in Atlas Shrugged. [read post]
24 Apr 2013, 10:36 am by David Urban
For an employee to win a First Amendment retaliation case against his or her government employer, the employee must prove among other things (1) that his or her speech was not on a trivial or mundane workplace issue but instead dealt with a matter of “public concern,” and (2) that the employee spoke as a private citizen, i.e., outside of his or her “official duties. [read post]
12 Sep 2018, 1:00 pm
So, to take just one part of the present case, you've got a state (Arizona) that does something (1) that has a huge effect compared to other states (the chart on page 78 of the opinion is indeed striking), and (2) that seems normatively like something we'd all agree we shouldn't do (at least if we didn't know which political party it benefits). [read post]
19 Jul 2015, 1:39 pm
Like the surgeon at Baltimore's Johns Hopkins Hospital, which is renowned for excellence and a commitment to patient safety. [read post]
8 May 2018, 9:50 am by Deborah Pearlstein
” In brief, Whittington argues: (1) that commanding a President to appear before a court and provide testimony “intrudes on the core functioning of a coordinate branch” in a way that commanding the President to turn over documents or even recordings does not; and (2) the courts should be reluctant to play (borrowing Mark Tushnet’s phrase) “constitutional hardball” against the political branches in general, and most especially here, where… [read post]
17 Nov 2014, 9:46 am by Daniel E. Cummins
   Accordingly, the Pantelis court ruled that “the trial court directly determined that  payment of first party benefits does not preclude an insurer and later denying third party UM/UIM benefits” since “an insurer’s payment of first party benefits does not, without more, constitute a binding admission of causation under either the statute or case law. [read post]
22 Oct 2018, 6:53 am
I've used that approach successfully on several occasions to get rid of fraud claims.Text Copyright John L. [read post]