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17 Jan 2014, 11:42 am by Venkat Balasubramani
Robert Welch the Court held that only negligence is required where the plaintiff is a private figure. [read post]
17 Jan 2014, 10:34 am by Eugene Volokh
Robert Welch, Inc. rules, which are that libel plaintiffs suing over statements on matters of public concern must prove that the defendant was negligent about the falsity of the statement, and libel plaintiffs suing over statements on matters of public concern and seeking presumed or punitive damages (as opposed to identifiable compensatory damages) must prove that the defendant knew that the statement was false or recklessly disregarded the possibility that it was false.… [read post]
16 Jan 2014, 10:18 am
She doesn’t really have an answer; in the past, she has deflected questions by pointing out that Ambassador J. [read post]
15 Jan 2014, 1:10 pm by Amy Howe
  That led Chief Justice John Roberts to complain that the government’s argument lacked any limiting principle at all. [read post]
14 Jan 2014, 2:35 pm by Amy Howe
Alito and Chief Justice John Roberts, respectively. [read post]
13 Jan 2014, 2:07 pm by The Book Review Editor
 The by-standers simply whip out their phones and snap photos of an event: they don’t see them themselves as “photographers” in a professional, or even necessarily an amateur, sense. [read post]
12 Jan 2014, 11:14 am by Omar Ha-Redeye
They never tried it so they don’t know. [read post]
7 Jan 2014, 11:38 pm by Kevin LaCroix
And as a practical matter, wouldn’t the deployment of these tools introduce a potentially cumbersome, evidentiary-based process at the class certification stage that could be ungainly, time-consuming and costly? [read post]
6 Jan 2014, 11:20 pm by Kevin LaCroix
Based on the various Justices' voting patterns in recent cases (particularly in the 2013 Amgen case), it isn’t clear at all that there are five votes to set aside the Basic presumption   Second, in addition to their question whether the Basic presumption should be revisited, the petitioners also sought to have the Court consider “Whether, in a case where the plaintiff invokes the presumption of reliance to seek class certification, the defendant may rebut the presumption… [read post]
6 Jan 2014, 6:11 am by Rebecca Tushnet
  As a factual matter, this result is also an artifact of the case’s procedural history—the court only considered the parties’ factual submissions and didn’t review the text of Arthur Conan Doyle’s actual canonical writings. [read post]
6 Jan 2014, 4:00 am by Administrator
Excess Copyright – University of Toronto’s Announcement re Non-renewal of Access Copyright License – Howard Knopf publishes the U of T’s press release declaring its decision not to renew the licensing arrangement with Access Copyright and adds some of his own commentary on the matter. [read post]
3 Jan 2014, 12:17 pm by Will Baude
On Twitter, Steven Duffield asks why nothing by Robert Bork was included. [read post]
30 Dec 2013, 9:01 pm by Anita Ramasastry
On its corporate website, Target tells consumers, “Even if you shopped at Target during this time frame, it doesn’t mean you are a victim of fraud. [read post]
30 Dec 2013, 6:00 am by Jon Robinson
  An interesting video where Chief Justice John Roberts discusses Lozman was posted here. [read post]