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25 Nov 2014, 7:24 am
Keep training Just because you’re injured doesn’t mean you should sit on your couch for months until you feel better. [read post]
18 Nov 2014, 8:47 am
It did not matter if the case was the most basic unwitnessed slip and fall or the most serious case of loss of life and limb—each case came with a punitive damage claim. [read post]
15 Nov 2014, 4:32 am
And despite pretenses to the contrary, ability matters. [read post]
14 Nov 2014, 8:15 am
But Defendants rely on multiple combinations of references to make that argument, and as couched by Defendants, those combinations seem more like an obviousness argument under 35 U.S.C. [read post]
12 Nov 2014, 7:59 am
Just last Spring we could plop down on our couch at the end of the weekend to watch Game of Thrones, Mad Men, Veep, and Silicon Valley. [read post]
29 Oct 2014, 5:54 am
However, I wanted to focus briefly on one aspect of the debate that I think neither side gets exactly right: namely, the principle that the U.S. armed forces comply with LOAC in counterterrorism operations (and for that matter, in all operations). [read post]
26 Oct 2014, 7:00 pm
Timing Matters. [read post]
26 Oct 2014, 4:37 pm
(Of course, none of this takes into consideration that anyone watching television the old-fashioned way can always get up from the couch during commercials, but that’s never/always been taken into account.) [read post]
18 Oct 2014, 3:37 am
Rather, the First Amendment protects a public employee’s right, in certain circumstances, to speak as a citizen addressing matters of public concern. [read post]
10 Oct 2014, 1:16 pm
Though the Court made frequent mention of “food and drink,” “the arguments, logic, and holding of POM Wonderful are couched in much broader language and strongly suggest a more wide-ranging application. [read post]
29 Sep 2014, 5:00 am
Although it is couched in the language of originalism and textualism-- and therefore would seem to be a timeless claim about the correct interpretation of the Constitution at any point in history--it is an adaptation to changed circumstances. [read post]
24 Sep 2014, 4:55 pm
As emphasized above, the statutory exception is couched in conjunctive, not alternative, terms. [read post]
22 Sep 2014, 7:53 am
” Although couched in the familiar terms of FAA section 10(d), the Ohio Supreme Court’s holding comes perilously close to a finding that the arbitration panel erred as a matter of law. [read post]
21 Sep 2014, 4:20 am
It’s a deeply unconvincing story, and generally couched in terms that misunderstand the ruling. [read post]
10 Sep 2014, 7:30 am
And courts don’t typically heed a complaint’s assertions of “legal conclusions” (i.e. employee status) couched as fact, the appeals court noted. [read post]
5 Sep 2014, 7:27 am
Does it really matter that the chip is not implanted in our heads—yet? [read post]
28 Aug 2014, 8:10 am
Scalia couches these exceptions as based on the rules of the common law at the time, and ordinary citizens might have been ignorant of common law doctrines. [read post]
27 Aug 2014, 4:40 am
The argument, however, is artfully couched in the bizarrely circular reason that is adored by delicate teacups, that censorship of speech that hurts their feelings is necessary to preserve open debate. [read post]
8 Aug 2014, 8:11 am
When I feel asleep on the couch in Cape Cod and no one seemed to have any sympathy for me? [read post]
7 Aug 2014, 12:38 pm
” The Supreme Court’s target may have been business and civil rights litigation as were involved in Twombly and Iqbal, but no matter that shows up in federal court is likely to be immune. [read post]
