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25 Jun 2024, 1:29 pm
The co-authors of Casey–O'Connor and Kennedy–for starters. [read post]
10 Apr 2008, 9:45 am
American Honda Motor Co., 529 U.S. 861 (2000), came down, we were relieved and grateful. [read post]
28 Feb 2023, 11:55 am
On the first part of her proferred opinion, Judge Irving expressed his skepticism that Oreskes’ opinion would be helpful to the jury; Oreskes’ testimony might give the jury a framework that could be used to assess whether Mann’s work was fraudulent or not. [read post]
2 Jul 2018, 9:01 pm
As many Verdict readers know, I am close friends with co-columnist Michael Dorf, who was in turn a clerk for Justice Kennedy in the Court’s 1991–92 term. [read post]
11 Aug 2023, 6:05 am
Despite a history of peaceful religious co-existence in much of West Africa, religious conflict has become more common. [read post]
5 Sep 2013, 7:14 am
Quality, Quality, Quality,” I talked of the importance of credibility in the context of what makes for a good Chinese (or any other) litigator and I did so by quoting the following email from co-blogger Steve Dickinson to me: The reason ______ has influence with the court is NOT because he is a powerful person. [read post]
14 Mar 2011, 8:03 pm
The Blaze article, written by Scott Baker, concludes: Anyone looking at the edited version of the Project Veritas video would be concerned about the conduct and views expressed by the NPR representatives. [read post]
29 May 2024, 9:01 pm
As the CFPB majority illustrates, the modern Court purports to have a commitment to, as my brother and I said in an amicus brief to the Court a few years ago, “interpret the Constitution as Americans publicly understood the document when adopting it, with special attention to governmental actions immediately preceding and immediately glossing the enacted text. [read post]
11 Sep 2012, 7:13 am
As LeBel J. put it: The constitutionally imposed territorial limits on adjudicative jurisdiction are related to, but distinct from, the real and substantial connection test as expressed in conflicts rules. [read post]
11 Sep 2012, 7:13 am
As LeBel J. put it: The constitutionally imposed territorial limits on adjudicative jurisdiction are related to, but distinct from, the real and substantial connection test as expressed in conflicts rules. [read post]
2 Apr 2012, 4:00 am
Nonetheless, the Supreme Court has noted that the “absence of such express language in the copyright statute does not preclude the imposition of liability for copyright infringements on certain parties who have not themselves engaged in the infringing activity. [read post]
30 Aug 2022, 7:10 pm
Wendy’s Co. [read post]
10 Mar 2017, 6:31 am
My 1991 Electronic Contracting, Publishing and EDI Law, co-authored with Michael Baum, focused on direct mainframe connections for electronic commerce between businesses, but barely mentioned the Internet. [read post]
26 Jun 2015, 5:16 pm
The first marriages by same-sex couples were celebrated in the United States in May 2004, as a result of the Massachusetts Supreme Judicial Court’s ruling in Goodridge v. [read post]
10 Dec 2015, 2:00 am
The American Coal Company v. [read post]
2 Nov 2018, 7:32 pm
Confounding in the Lower Courts To some extent, lower courts, especially in the federal court system, got the message: Rule 702 required them to think about the evidence, and to consider threats to validity. [read post]
1 Aug 2011, 6:03 am
Per a study by American Express, 39 percent of younger workers won’t even consider working for a company that blocks Facebook. [read post]
6 Oct 2009, 1:34 pm
That dispute ultimately reached the Supreme Court, in the case of New York Times Co. et al. v. [read post]
28 Nov 2011, 5:46 am
With regards to the punitive damages issue, the court felt that the claims against the tortfeasor and the UIM carrier were separate and distinct and, "[i]n in carefully managed trial, the trial judge can minimize and/or eliminate the potential for prejudice or confusion" against the UIM carrier with respect to the punitive damages claims asserted against the co-defendant tortfeasor. [read post]
24 Jul 2023, 5:55 am
Earlier this month, I was privileged to lead a delegation of the World Jewish Congress to Bosnia and Herzegovina for a commemoration marking the 28th anniversary of the Srebrenica genocide. [read post]
