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Not only does this strategy undermine our commitment to a right of access to the courts, and ignore the Supreme Court of Canada’s clear statement in Pintea v John that SRLs cannot and should not be treated the same way as expert counsel, but by punishing SRLs for their unintended mistakes with vexatious litigant and court restriction orders, this strategy is also making the public angrier and even more indignant at their treatment in Canada’s Access to Justice crisis. [read post]
3 Jun 2019, 3:10 pm by familoo
It doesn't come up often, but it's damned handy and reassuring to know where to go to refresh your knowledge on the day it does come and bite you on the butt-ocks. [read post]
3 Jun 2019, 1:20 pm by Eugene Volokh
I've recently started looking into anonymous "John Doe" (or "Jane Doe") litigation; generally speaking, people are presumptively required to sue in their own names, but sometimes courts allow them to sue anonymously. [read post]
2 Jun 2019, 11:27 pm by Chuck Cosson
”  I don’t know, unfortunately, who to credit for this coinage, but it has appeared in articles on National Security Agency hacking tools,[11] government technology for cybersecurity, [12] and use of AI and the Internet for military offensive efforts[13]. [read post]
2 Jun 2019, 8:10 am by John Floyd
  In court filings, Paxton told the Court that DA Ogg “represents just one of Texas’s 254 counties [and] does not represent the Attorney General’s interest. [read post]
31 May 2019, 12:30 pm by John Ross
While the gov't can be forced to disclose if they adopted the information in those documents as their policy, the guvvies didn't expressly do so here. [read post]
31 May 2019, 6:24 am by Michael Lowe
Here in North Texas, no one typifies this new reform prosecutor more than our own Dallas County District Attorney, John Creuzot. [read post]
31 May 2019, 6:00 am by Guest Blogger
Sebelius decision does not merely serve their aim of delegitimizing that decision and the law it largely upheld. [read post]
30 May 2019, 4:08 pm by Ernesto Falcon
In fact, all the law does is protect broadband monopolies, and the major ISPs are working it hard to get it renewed through Assembly Member Lorena Gonzalez’s A.B. 1366. [read post]
30 May 2019, 6:00 am by Guest Blogger
Circuit Judge Brett Kavanaugh (in oral argument and in an elaborate separate opinion) had each recognized that the so-called individual mandate didn’t actually “force” individuals “to do anything,” but instead prescribed an option – buy insurance or pay a penalty. [read post]
29 May 2019, 5:06 pm by Kevin LaCroix
In the following guest post, John Reed Stark, President of John Reed Stark Consulting and former Chief of the SEC’s Office of Internet Enforcement, takes a look at these developments in the retail industry. [read post]
29 May 2019, 6:01 am by Andrew Patterson
In 2017, DHS Secretary John Kelly issued his own guidance that was slightly different in that it authorized ICE officers to grant such releases but did not say they “should” grant release under certain circumstances, as the 2009 parole guidance had. [read post]
29 May 2019, 6:00 am by Kevin Kaufman
For instance, a program’s subsidies might displace residents if they support jobs that aren’t suitable for the skills of current residents. [read post]
28 May 2019, 9:37 am by The Murray Law Firm
Does the nightclub have a protocol to check guests for deadly weapons prior to entering the establishment? [read post]
28 May 2019, 8:40 am by David Kris, Benjamin Wittes
Indeed, Barr has already expressed his initial skepticism, observing that “[a] lot of the answers have been inadequate and some of the explanations I’ve gotten don’t hang together. [read post]