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8 Feb 2024, 3:00 am
Further, the Supreme Court has also described a special rule in some areas of constitutional law (such as First Amendment limitations on liability for defamation) where an appellate court should make an "independent examination of the whole record" to assure that the Constitution have been faithfully applied. [read post]
7 Feb 2024, 9:01 pm
And it raises the question: should the diversity statute be amended to provide that litigants facing limited liability company (“LLC”) opponents need only be diverse from the LLC’s state of creation and principal place of business? [read post]
7 Feb 2024, 1:26 pm
Yet, it continues to tread through pressing issues related to AI technology, national security, and public health and safety. [read post]
7 Feb 2024, 9:35 am
Warren Chair Lecture in National Security Law: Law of Armed Conflict in the Dark, 231 Mil. [read post]
7 Feb 2024, 7:57 am
A malicious intent requirement—including an intent to cause damage, defraud, or harm—is needed to avoid criminal liability for accidental or unintended access to a computer system, as well as for good faith security testing.Article 6 should not use the ambiguous term “without right” as a basis for establishing criminal liability for unauthorized access. [read post]
7 Feb 2024, 5:56 am
In anticipation of the Super Bowl, cities across the nation witness an influx of visitors, contributing to the already dense super bowl traffic. [read post]
6 Feb 2024, 3:58 pm
The already heightened awareness fueled during the COVID-19 health care emergency has been further heightened by EEOC and other governmental guidance and outreach in response to rising potential religious and national origin discrimination concerns arising from the Israeli/Palestinian conflict and various other international events. [read post]
6 Feb 2024, 12:32 pm
Despite the issues with the scope of the CTA, the CTA’s goal of protecting national security is clear. [read post]
6 Feb 2024, 10:12 am
The nationally recognized mass tort law firm Levin Papantonio Rafferty (LPR) announces that the Judicial Panel on Multidistrict Litigation (JPML) created a multidistrict litigation (MDL No. 3092) for In re: Suboxone (Buprenorphine/Naloxone) Film Products Liability Litigation.The JPML issued a Transfer Order on Friday, February 2, 2024, to centralize lawsuits in which claimants allege they were prescribed and used sublingual film Suboxone for opioid addiction or pain… [read post]
6 Feb 2024, 5:22 am
Government will choose out of a sense of legal obligation to treat the principles set forth in Article 75 as applicable to any individual it detains in an international armed conflict, and expects all other nations to adhere to these principles as well. [read post]
5 Feb 2024, 9:17 pm
In some ways, the Crumbleys are in a similar liability position as the parent of an infant or toddler who staggers into a room with a loaded weapon and shoots someone. [read post]
5 Feb 2024, 12:44 pm
The information may only be disclosed to federal and state law enforcement agencies under certain circumstances for national security, intelligence, or law enforcement purposes. [read post]
5 Feb 2024, 12:08 pm
Hamayel, a Palestinian national, is not. [read post]
5 Feb 2024, 10:54 am
Moscow prosecutor’s office warned of liability for the “calls for and participation in uncoordinated mass events. [read post]
5 Feb 2024, 10:44 am
The Tesla recall will be done via an online software update, according to the National Highway Traffic Safety Administration (NHTSA). [read post]
4 Feb 2024, 6:29 pm
(The Supreme Court recently confirmed that the “directed to” prong of Brandenburg requires proof of an intent to incite or produce imminent lawless action, at least for purposes of criminal or civil liability. [read post]
3 Feb 2024, 2:59 pm
A: yes, Axanar tells a lot of Star Trek jokes while it imposes liability on fans. [read post]
3 Feb 2024, 10:59 am
One way to harmonize might be to make it more important/more directly connected to TM liability. [read post]
3 Feb 2024, 9:52 am
Trump’s “I did not engage in insurrection” assertion, in turn, consists of two distinct arguments—namely, (i) that Trump did not incite the violence at the Capitol because he did not intend his followers to use violence; and (ii) that, in any event, incitement to insurrection doesn’t qualify as “engaging in” insurrection, because Section 3 does not establish “vicarious liability. [read post]
3 Feb 2024, 8:46 am
As independent sovereign nations, the tribes are not subject to these laws. [read post]