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18 Oct 2016, 7:46 am by familoo
” Notwithstanding the obvious fact that if someone has suffered the horror of r*pe, the experience of giving evidence about that r*pe will be horrid, it is and I hope will always be considered necessary for evidence to be adduced of the fact of the r*pe before someone’s reputation is ruined and life altered. [read post]
28 Jul 2016, 9:01 pm by Sherry F. Colb
That is, her reason for wanting to terminate does not alter the fact that forcing her to remain pregnant against her will imposes an unwanted and enormous physical burden on her body.By analogy, Dorf and I discuss a hypothetical case of a woman who is asked by a man whether she wants to have sex with him. [read post]
14 Jul 2016, 10:30 am by W.F. Casey Ebsary, Jr.
’” Rodriguez, 135 S.Ct. at 1616 (second alteration in original) (quoting Caballes, 543 U.S. at 407, 125 S.Ct. 834). [read post]
29 Jun 2016, 6:13 am by Barry Sookman
Geist claims that the ruling “could alter the innovation balance…by targeting a disruptive technology that everyone agrees has both legitimate and infringing uses. [read post]
16 May 2016, 9:01 pm by Sherry F. Colb
According to the Court, police are most likely to alter their behavior in response to the exclusionary rule when they are specifically aiming their conduct at locating evidence of crime.In on-the-street policing, by contrast, police have very different objectives including, most relevantly for our purposes, preventing crime before it happens (a legitimate, distinct objective) and engaging in invidious harassment (an illegitimate, distinct objective). [read post]
15 Mar 2016, 9:01 pm by Sherry F. Colb
If one indicator of a duty to disclose, then, is “would you want to know this information before embarking on this experience, and would the information likely alter your choice of experience? [read post]
13 Mar 2016, 5:05 pm by INFORRM
The case is centred upon an article in Sydney’s Daily Telegraph  with the heading “Tailor’s alter ego as a gunrunner”. [read post]
23 Feb 2016, 4:31 pm by Kevin LaCroix
  In explaining the role of dissenting opinions in this constitutional and social dialogue, Chief Justice Charles Evans Hughes wrote “A dissent in a court of last resort is an appeal to the brooding spirit of the law, to the intelligence of a future day, when a later decision may possibly correct the error into which the dissenting judge believes the court to have been betrayed. [read post]
Continuing our tradition of presenting annually our thoughts concerning the top 10 developments/headlines this past year in trade secret, computer fraud, and non-compete law, here—in no particular order—is our listing for 2015 and a few predictions for 2016. [read post]
8 Dec 2015, 8:41 am by Jeff Pettit
“iPhone 6s and 6s Plus Pricing Compared (New T-Mobile Prices Added),” Digital Trends (Online, Oct. 13, 2015); Unlocking Consumer Choice and Wireless Competition Act; Evans, D. [read post]
9 Nov 2015, 7:09 am
  Here’s how they work together:Comment b following §908 further states that “[r]eckless indifference to the rights of others and conscious action in deliberate disregard of them (see §500) may provide the necessary state of mind to justify punitive damages. [read post]
31 Aug 2015, 9:01 pm by Sherry F. Colb
When a person takes a dose of testosterone (or any other performance-enhancing substance), it is easy to identify that act as unfairly altering the playing field. [read post]
15 Jul 2015, 9:01 pm by Sherry F. Colb
I recently listened to an interview with Adam Benforado, author of Unfair: The New Science of Criminal Justice, and I was fascinated by the various proposals he offered for rectifying injustices (which he exposes in his book with summaries of pertinent scientific research) that continue to plague our criminal justice system. [read post]
3 Jun 2015, 7:50 am
“Legislative alterations not conformable to the federal compact, would clearly not be valid. [read post]