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25 Mar 2024, 5:01 am by Eugene Volokh
The court didn't opine about how the privacy interests of the rape victim would stack up against the concerns about fairness to the defendant in the more typical scenario, where there was no judgment of liability against the defendant (as indeed there wasn't for the first stage of this very case). [read post]
24 Mar 2024, 6:50 pm
Finally, the State was ordered to investigate and prosecute those responsible for the extensive environmental damage, as well as those responsible for threats against environmental human rights defenders in La Oroya.Facing for the first time a contentious case involving toxic pollution, the Inter-American Court built upon its widely cited Advisory Opinion on human rights and the environment from 2017. [read post]
22 Mar 2024, 4:59 am by Andrew Lavoott Bluestone
To that end, since defendants failed to disclose the conflict of interest and Sebco was paying defendant for legal services that benefitted parties with interests adverse to Sebco, defendants violated New York Rules of Professional Conduct 1.7 and 18(f). [read post]
21 Mar 2024, 10:35 am by Edward T. Kang
Lozen International, 285 F.3d 808 (9th Cir. 2002), an employee forwarded an email from another employee to a defendant, “incorporating and adopting the contents” of the original message. [read post]
21 Mar 2024, 5:02 am by Beatrice Yahia
Signup to receive the Early Edition in your inbox here. [read post]
20 Mar 2024, 11:24 am by Richard Hunt
After finding that Bowman failed to state a claim under Section 3604(f)(1) of the FHA because he did not allege any interest in buying or renting an apartment, Judge Starr turns to Section 3604(f)(2), which more broadly covers the privileges associated with renting an apartment, Judge Starr begins with his ADA analogy to distinguish accessibility barriers in places  to which Bowman had “lawful access” and those he did not. [read post]
20 Mar 2024, 11:24 am by Richard Hunt
After finding that Bowman failed to state a claim under Section 3604(f)(1) of the FHA because he did not allege any interest in buying or renting an apartment, Judge Starr turns to Section 3604(f)(2), which more broadly covers the privileges associated with renting an apartment, Judge Starr begins with his ADA analogy to distinguish accessibility barriers in places  to which Bowman had “lawful access” and those he did not. [read post]
19 Mar 2024, 5:24 am by Eugene Volokh
Likewise, "In the Fifth Amendment context, courts have held that the government might violate a defendant's rights by coercing or encouraging a private party to extract a confession from a criminal defendant. [read post]
18 Mar 2024, 5:51 pm by Sarah Baumgartel
§ 3553(f), the so-called “safety valve” provision, district courts have a limited power to impose a sentence below the statutory mandatory minimum in certain drug cases. [read post]