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14 Dec 2010, 10:38 pm by Michael Geist
  In reviewing copying practices in the law library of the Law Society of Upper Canada, the court stated: The fair dealing exception, like other exceptions in the Copyright Act, is a user’s right. [read post]
20 Nov 2010, 2:01 am by INFORRM
But there is no compelling reason to introduce a “public figure” limitation in libel cases, as applies in the United States of America. (3) The defence of “truth” The burden of proving that what has been published is substantially true remains on the defendant. [read post]
9 Nov 2010, 3:09 pm
Cancer Research sued Barr for patent infringement in the United States District Court for the District of Delaware on July 20, 2007. [read post]
8 Nov 2010, 7:43 pm by Larkin Reynolds
(by Larkin Reynolds and Benjamin Wittes) Tomorrow, D.C. [read post]
29 Sep 2010, 11:00 pm by Adam Wagner
Detainees’ rights – the next round starts – SCOTUSblog: The United States Supreme Court Blog discuses the case of Fawzi Khalid Abdullah Fahad Al-Odah — a Kuwaiti national who has been a captive at Guantanamo Bay for nearly nine years – which is winding its way through the US justice system. [read post]
27 Sep 2010, 8:05 pm by INFORRM
  In all other respects Flood upheld and applied the principles set out by the House of Lords in Reynolds v The Times and Jameel v Wall Street Journal. [read post]
15 Sep 2010, 6:33 am by Benjamin Wittes
I posted earlier a summary by Larkin Reynolds of the coming argument in Salahi v. [read post]
12 Sep 2010, 5:07 pm by Benjamin Wittes
  In the first and most important, it urges that Salahi’s sworn oath of loyalty to Al Qaeda “giv[es] the United States reason to presume that the individual will be true to that oath. [read post]
10 Sep 2010, 3:53 pm by zshapiro
While some of the Circuit judges wanted to base the decision on Toten the majority instead based the decision on United States v. [read post]
10 Sep 2010, 8:07 am by Bexis
General Motors Corp., 575 P.2d 1162, 1168-69 (Cal. 1978); see State Dept. of Health Services v. [read post]
8 Sep 2010, 6:37 pm by Lyle Denniston
The five dissenting judges argued that this “evidentiary privilege” — traced to the Supreme Court’s 1953 decision in United States v. [read post]
27 Aug 2010, 2:41 pm by Bexis
We disagree.In Hoffman, the United States Court of Appeals for the Third Circuit applied Pennsylvania law and concluded that there was sufficient evidence for the jury to find that the manufacturer failed to adequately test its drug to discover potentially harmful side-effects. [read post]
9 Aug 2010, 10:14 pm
Reynolds Tobacco Co., 537 F.3d 1357, 1365 (Fed. [read post]
25 Jul 2010, 9:04 pm
This is the train of citations (Sidhom is not pertinent): Thomas (2002): The defendant, however, bears the ultimate burden of proving, by a preponderance of the credible evidence, that the evidence should not be used against him (see, People v Berrios, supra at 367; People v Baldwin, 25 NY2d 66, 70; People v Whitehurst, 25 NY2d 389, 391; Nardone v United States, 308 US 338, 341-342), and that the police lacked probable cause to arrest him (see,… [read post]