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7 May 2012, 4:02 pm
UPDATE: I should note that I think the Texas court’s argument is correct whether or not the “constitutionally protected activity” proviso creates an affirmative defense as to which the defendant must introduce evidence, or creates an element of the crime (the lack of constitutional protection for the activity) that the prosecution must prove. [read post]
14 Dec 2020, 6:04 pm
How Does the Miranda Rule Protect Me? [read post]
22 Apr 2011, 3:36 am
A couple of months back, I wrote a post about State v. [read post]
4 Feb 2011, 3:58 pm
Ogden and McCulloch v. [read post]
4 Sep 2019, 5:41 am
This was a formula that remained powerful from the 1790s at least through the 1960s. [read post]
5 Mar 2012, 8:23 pm
I very much doubt that we do. [read post]
28 Mar 2008, 7:26 am
Officers interviewed the defendant at the hospital and he could not explain how the accident occurred, stating "I was driving down the road one minute. . . and the next minute I was in an accident. [read post]
17 Jul 2017, 4:59 pm
” The defendant in Commonwealth v. [read post]
25 Mar 2012, 3:18 pm
Donohoo v. [read post]
25 Aug 2011, 4:39 am
I can feel its vibrations through the floor when I’m on my balcony. [read post]
23 Apr 2019, 5:00 am
What is more, the President and his surrogates sought to hide those facts.Ironically, what Volume I does clearly establish is . . . [read post]
11 Aug 2009, 1:01 pm
Warren-Skuggedal does suffer chronic pain as a result of the defendant's negligence. [read post]
24 Apr 2010, 9:22 pm
Citing Mark Foy's Limited v Davies Coop and Company Limited (1956) 95 CLR 190 - "The public...are being invited to purchase goods of the defendant which are to be distinguished from the goods of other traders partly because they are described as "Tub Happy" goods. [read post]
25 Apr 2011, 5:32 am
"I think that's a pretty big burden to impose on a district court judge. [read post]
12 Nov 2014, 7:59 am
Drake v. [read post]
14 Feb 2012, 3:00 am
But I don’t see why a party, having been “tagged” with a summons while transiting through the foreign country, for example, needs to default in the foreign proceeding in order to retain the right to argue that the foreign forum was seriously inconvenient. [read post]
20 Apr 2015, 6:30 am
To use the malware, customers were required to set up an account with the organization, typically through the Blackshades website. . . . [read post]
1 May 2023, 2:50 pm
The CFO denied through his legal counsel doing anything illegal (See proceedings from Oakland County, People of the State of Michigan v Brian Michael White CR #2021-276874-FH). [read post]
29 Nov 2006, 5:05 am
Twenty weeks is about halfway through the average pregnancy. [read post]
27 Jan 2023, 8:00 am
And as a practical matter even seeking relief through democratic institutions is not always sufficient. [read post]
