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6 Feb 2024, 3:30 am by Stephanie Rossello
What is, I argue, problematic, in particular in relation to paragraph 49 of the judgment, is the following. [read post]
5 Feb 2024, 10:06 am by Kevin LaCroix
I would like to thank the authors for allowing me to publish their article as a guest post on this site. [read post]
5 Feb 2024, 7:05 am by privacylawyer
 In paragraph 5(a)(i), it does not say that the depiction has to be explicit. [read post]
4 Feb 2024, 6:29 pm by Marty Lederman
    Before I address this argument, it’s important to note that Trump’s counsel Jonathan Mitchell appears to have abandoned two other insurrection-related arguments that Trump made in the Colorado courts:  (i) that the violence at the Capitol on January 6 did not constitute an “insurrection” at all; and (ii) that inciting or aiding an insurrection doesn’t constitute “engaging in” it. [read post]
4 Feb 2024, 7:14 am by Simon Holzer (MLL Legal Ltd.)
From the potpourri of decisions that the Swiss Federal Supreme Court handed down last year, I have selected one in subjective hindsight that I consider to be particularly relevant regarding further cases. [read post]
3 Feb 2024, 9:52 am by Marty Lederman
  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, 8:34 am by Russell Knight
If someone does not follow the term, the contract may be breached. [read post]
2 Feb 2024, 8:50 am by Eugene Volokh
The Court wrote, instead, that "Article II, § 1's appointments power gives the States far-reaching authority over presidential electors, absent some other constitutional constraint. [read post]
For any adverse underwriting or pricing decision that was based on ECDIS or AIS, the insurer must provide a notice to the insured or potential insured that discloses: (i) whether the insurer uses AIS in its underwriting or pricing process, (ii) whether the insurer uses data about the person obtained from external vendors, and (iii) that such person has the right to request information about the specific data that resulted in the underwriting or pricing decision including contact… [read post]
2 Feb 2024, 7:30 am by Alysa Z. Hutnik
” A “telephone solicitation” is defined as “an organized activity, program, or campaign to communicate by telephone with residents of Maryland in order to: (i) sell, lease, or rent goods or services; (ii) attempt to sell, lease, or rent goods or services; (iii) offer or attempt to offer a gift or prize; (iv) conduct or attempt to conduct a poll; or (v) request or attempt to request survey information, if the results of the survey will be used directly to… [read post]
2 Feb 2024, 7:27 am by Marty Lederman
  Therefore the state court decision in this case does not, as far as I can tell, affect whether Trump appears on the November ballot.) [read post]
Data held by public sector bodies in the EU that is protected on grounds of: (i) commercial confidentiality, including business, professional and company secrets; (ii) statistical confidentiality; and (iii) the protection of intellectual property rights of third parties.Data held by providers of data processing services in the EU.Electronic health data, defined as “data concerning health and genetic data in electronic format”.Who Is Covered? [read post]
31 Jan 2024, 9:01 pm by Vikram David Amar and Jason Mazzone
The chances of that happening, though, seem to us quite low, as the lawsuit’s theory of illegality seems quite weak.Here is the relevant background: Articles I and II of the U.S. [read post]
31 Jan 2024, 5:45 pm by Ilya Somin
Part II explains why disqualification in the absence of a criminal conviction does not violate Mr. [read post]