Search for: "Matter of C.J."
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28 Feb 2019, 5:42 am
Now it seems to me that there is no First Amendment exception for speech that the judge views as being "born out of a vendetta," or even as "seeking to cause mental distress"; but even to the extent there are exceptions for, say, defamation, or true threats, or perhaps even speech on matters of private concern that's "extreme and outrageous" and intended to cause severe emotional distress, that can't justify an overbroad, categorical "shall… [read post]
2 Apr 2014, 9:26 am
Walsh for the plaintiff.Present: Ireland, C.J., Spina, Cordy, Botsford, Gants, Duffly, & Lenk, JJ.GANTS, J.Under the Alimony Reform Act of 2011, St.2011, c. 124 (reform act), "[i]f the length of the marriage is [twenty] years or less, but more than [fifteen] years, general term alimony shall continue for not more than [eighty] per cent of the number of months of the marriage" unless the judge makes a written finding that deviation beyond this time limit is required in the interest… [read post]
16 Jan 2024, 5:01 am
Courts are rightfully loath to let the government regulate the rough and tumble of speech surrounding elections as a general matter, preferring counterspeech as the appropriate remedy. [read post]
12 Jul 2017, 5:57 am
’” Section 9.61.260(1)(b) is unconstitutionally overbroad on its face, because it criminalizes much heated political and personal commentary of the sort that is routine when people discuss matters that outrage them. 1. [read post]
6 Mar 2015, 12:53 pm
The Texas high court for civil matters concludes that the Texas law at issue (Section 74.451 of the Texas Civil Practice and Remedies Code), does not squarely fall within the scope of a state law enacted to regulate the business of insurance. [read post]
8 Nov 2017, 7:40 am
Hunter Mill Assoc. [read post]
8 Nov 2017, 7:40 am
Hunter Mill Assoc. [read post]
30 Jun 2019, 8:24 pm
A national identity, in a multicultural, multilingual, and highly mobile population, is a challenging concept for a modern post-nation state democracy. [read post]
6 Dec 2017, 1:19 pm
105 S.Ct. 2218 85 L.Ed.2d 588 HARPER & ROW, PUBLISHERS, INC. and the Reader’s Digest Association, Inc., Petitionersv.NATION ENTERPRISES and the Nation Associates, Inc. [read post]
18 Feb 2012, 5:15 am
Moreover, the majority does not consider the Supreme Court's most recent decision on the issue of agent liability in employee retaliation matters, Staub v. [read post]
27 Jul 2014, 9:03 am
In litigating scientific issues, lawyers and judges will necessarily have to engage with substantive matters. [read post]
12 Jul 2012, 6:52 am
Technological neutrality matters. [read post]
13 Nov 2013, 12:16 pm
EFF is concerned, however, about the many creative artists who do not have the resources to fend off unsound legal claims, no matter how weak those claims may be. [read post]
13 Jun 2023, 10:52 am
Preamble This post is the fifth of a series considering three major issues under the Canadian Charter of Rights and Freedoms: the impact of how the Supreme Court of Canada (SCC) has defined rights; the relationship between rights; and the relationship between guarantees of rights and freedoms and section 1 of the Charter. [read post]
24 Apr 2019, 9:46 am
-Houston [14th Dist.] 2017) (Frost, C.J., concurring in order denying rehearing en banc). [read post]
19 Jan 2011, 6:02 am
By Steven G. [read post]
26 Feb 2010, 5:09 am
SUBJECT MATTER JURISDICTIONIV. [read post]
6 Jul 2012, 8:55 am
Factors bearing on the reasonableness of the privacy expectation include the duration and subject matter of the communication, the location of the communication and the potential presence of third parties, and the role of the nonconsenting party and his or her relationship to the consenting party. [read post]
14 May 2020, 12:09 pm
This post summarizes published criminal and related decisions of interest from the Fourth Circuit Court of Appeals in April 2020. [read post]
27 Feb 2023, 11:37 am
[About the same as other rifles] Several federal and state courts are relitigating the constitutionality of "assault weapon" bans after the Supreme Court's decision in New York State Rifle & Pistol Association v. [read post]
