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26 Apr 2022, 7:36 am by Eric Goldman
” A point I’ve noted many times: “Defendant’s unsupported “hosting” theory is akin to defending censorship as regulating the “conduct” of writing. [read post]
26 Apr 2022, 5:53 am by Andy Wright
The classic elements of the defense, where available, are (1) the defendant fully disclosed all material facts to their attorney before seeking advice, (2) the defendant in fact relied on that advice, and (3) the defendant relied on that advice in the good faith belief that they were engaging in legal conduct. [read post]
25 Apr 2022, 9:05 pm by Stephen M. Bainbridge
Bainbridge, The Profit Motive: Defending Shareholder Value Maximization (2022). [8] Stout, supra note 2, at 165. [9] Dodge v. [read post]
25 Apr 2022, 6:01 am by Eugene Volokh
[T]he court [also] finds that the instant prosecution does not foster excessive government entanglement with religion. [read post]
25 Apr 2022, 4:23 am by Franklin C. McRoberts
In any event, even if he did, the record does not establish that Mr. [read post]
24 Apr 2022, 9:01 pm by Dennis Aftergut
He has argued successfully in the Supreme Court and is currently of counsel to Lawyers Defending American Democracy. [read post]
24 Apr 2022, 4:19 pm by INFORRM
On 13 April 2022, Nicklin J handed down judgment in the MPI and breach of data rights case of (1) Underwood, (2) Underwood v (1) Bounty UK Ltd, (2) Hampshire Hospitals NHS Trust [2022] EWHC 888 (QB). [read post]
24 Apr 2022, 3:32 pm by Ilya Somin
Section 264(a), 2) that the CDC violated the Administrative Procedure Act (APA) by failing to go through the notice and comment rule-making process, and 3) the policy was so irrational as to be "arbitrary and capricious. [read post]
23 Apr 2022, 3:03 am by SHG
United States, a 7-to-2 decision in 2000. [read post]
22 Apr 2022, 9:19 am by Samir B. Dahman
Degree of Fault The degree of fault attributable to a libel defendant’s actions varies with the plaintiff’s public or private status. [read post]
22 Apr 2022, 8:19 am by Andrew Hamm
PHH Mortgage Corporation 21-1322Issues: (1) Whether appellate courts may affirm a bankruptcy sanctions order on an alternate correct ground even if the order does not analyze the ground; (2) whether sanctions based on inherent judicial power always require a finding of bad faith; and (3) whether Federal Rule of Bankruptcy Procedure 3002.1 authorizes punitive fines as a form of “appropriate relief. [read post]
22 Apr 2022, 7:51 am by Robert Liles
§ 812(b)(2), a substance will be placed in schedule II based on specific findings made by the Administrator that “(A) The drug or substance has a high potential for abuse. [read post]
22 Apr 2022, 1:00 am by Anthony Zaller
California law does not require the use of any electronic type of timekeeping system or time clocks. [read post]
21 Apr 2022, 7:53 pm by Jamie Markham
Whether a juvenile understood Miranda warnings does not require testimony of an expert. [read post]
21 Apr 2022, 1:40 pm by Holly Brezee
By identifying the best prior art upfront, you will be better positioned to defend your patent down the road. [read post]