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2 Apr 2024, 6:47 am
Readers will note a number of similarities with proceedings relating to the replacement of pews in the consistory courts. [read post]
2 Apr 2024, 6:22 am
David Kris gives an overview of the report for this episode of the Cyberlaw Podcast. [read post]
1 Apr 2024, 4:00 am
"Each of those statements is worth extended discussion, but rather than unpack them all myself, I'll simply refer readers to the mini-symposium that the Volokh Conspiracy managed to put together less than 24 hours after the ruling. [read post]
1 Apr 2024, 12:20 am
Law Offices of David M. [read post]
31 Mar 2024, 6:52 pm
[An article I coauthored spurred an amendment to the Federal Rules of Evidence] Longtime readers will recall that every so often, I would go on a "rant" about how many federal judges were ignoring the text of Federal Rule of Evidence 702, as amended in 2000. [read post]
29 Mar 2024, 8:58 am
… [Alert readers may notice that some of these so-called "facts"—that her text and graphics will be "original," and "expressive in nature," and "communicative"—look a lot more like legal conclusions than facts. [read post]
27 Mar 2024, 5:53 am
That includes in response to reader requests, comments and corrections. [read post]
25 Mar 2024, 5:30 am
By David Hricik, Mercer Law School I realize most readers aren’t law professors, so you can stop now… I have taught IP courses for years and often the books seek to teach the subject through cases, which is a very difficult way to learn it. [read post]
16 Mar 2024, 4:04 pm
[I review the relevant chapters in Prof. [read post]
14 Mar 2024, 10:07 am
To find the idiosyncratic definition of “probable,” a diligent reader must go outside the monograph of interest to the so-called Preamble, a separate document, last revised in 2019. [read post]
12 Mar 2024, 12:49 pm
The launch of ‘Le sac Swoosh’ (or ‘The Swoosh bag’) in February raised an eyebrow from art director and graphic designer Davide Perella, who shared his version of a concept Nike bag in 2020. [read post]
11 Mar 2024, 6:30 am
It is difficult to believe that any reader would genuinely disagree with Hasen’s arguments. [read post]
3 Mar 2024, 6:00 am
David E. [read post]
1 Mar 2024, 5:14 am
Law Offices of David M. [read post]
29 Feb 2024, 3:28 pm
An Interview with David M. [read post]
27 Feb 2024, 12:07 pm
As for the authors’ professed concern about “rule of law,” readers should note that the Jurs and DeVito article completely ignores the remedial amendment to Rule 702, which went into effect on December 1, 2023, to address the myriad inconsistencies, and failures to engage, in required gatekeeping of expert witness opinion testimony.[10] The new Rule 702 is now law, with its remedial clarification that the proponent of expert witness opinion must show the court that the… [read post]
26 Feb 2024, 6:30 am
In this regard, Jill Lepore’s fine discussion of Adkins should be compared to David Bernstein’s. [read post]
25 Feb 2024, 7:14 am
David Byrne So they want to pay us with our own money? [read post]
23 Feb 2024, 1:04 pm
I acted for David Lametti, as he then was, and Ariel Katz in the SODRAC case, and made complementary submissions to Ariel Katz in the York case. [read post]
18 Feb 2024, 6:30 am
For the Balkinization symposium on Robert Post, The Taft Court: Making Law for a Divided Nation, 1921–1930 (Cambridge University Press, 2024).David BernsteinIn this symposium, my designated task was to review and discuss Part V of Robert Post, The Taft Court: Making Law for a Divided Nation, 1921–1930 (Cambridge University Press, 2024) This Part delves into social and economic legislation during the Taft Court era. [read post]
