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17 Jun 2014, 4:23 am by Timothy P. Flynn
§ 875(c) requires proof of the defendant’s subjective intent to threaten, as required by the Ninth Circuit and the supreme courts of Massachusetts, Rhode Island, and Vermont; or whether it is enough to show that a “reasonable person” would regard the statement as threatening, as held by other federal courts of appeals and state courts of last resort.The Virginia v Black case held that a Virginia statute that outlawed cross-burning was overbroad to… [read post]
8 Oct 2009, 3:39 am
Inc., the Second Circuit Court of Appeals sided with a group of eight states, the City of New York and various environmental groups, who had filed a public nuisance lawsuit against five of the nation's biggest coal-burning utilities. [read post]
4 Nov 2019, 9:33 am by Richard Hunt
ADA standing – aiming to high leads to a crash and burn. [read post]
8 Sep 2010, 8:29 pm by Lyle Denniston
” Urging en banc rehearing, the state argued that the Circuit Court decision conflicts directly with a Supreme Court ruling in 1987 — International Paper Co. v. [read post]
2 Aug 2015, 9:01 pm by Nathaniel Persily
With this suggestion, they appear on more familiar ground, given that the Supreme Court in Burns v. [read post]
8 Nov 2016, 4:30 am by Charles Sartain
Posted by Charles Sartain MEMORANDUM From: Legal Department To: Accounts Payable Re: What we learned from Shell Western E&P, Inc. v. [read post]