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24 May 2010, 2:20 pm by Eugene Volokh
Pacifica Foundation, 438 U.S. 726 (1978): “[T]he fact that society may find speech offensive is not a sufficient reason for suppressing it. [read post]
18 Sep 2009, 8:40 am
Jeb Bush instituted a moratorium to find out why the Diaz execution went so wrong.And:The fact of the matter is that there are no suitable veins. [read post]
24 Aug 2020, 11:43 am by Brian L. Friedman
” To support their argument, the Insureds relied on dictionary definitions of “direct” as “[w]ithout intervening persons, conditions, or agencies; immediate;” and “physical” as pertaining to things “[o]f or pertaining to matter, or the world as perceived by the senses; material as [opposed] to mental or spiritual. [read post]
13 Jul 2010, 10:56 am by Eugene Volokh
Applying this principle, the Court held that “[i]t does not violate the First Amendment to treat licensees given the privilege of using scarce radio frequencies as proxies for the entire community, obligated to give suitable time and attention to matters of great public concern. [read post]
29 Jun 2012, 9:06 am by Don Cruse
” Your malpractice carrier is probably glad that the dissenters didn’t carry the day on this one. [read post]
3 Jun 2010, 1:53 pm by Sheppard Mullin
In January 2007, the Court denied FMC’s facial challenge to its subject matter jurisdiction. [read post]
25 Jun 2014, 7:35 pm by Timothy Simeone
Securities and Exchange Commission has not advised us of its views on these matters, and we believe those views may well be relevant. [read post]
20 Jul 2010, 4:20 am by Russell Jackson
  [W]e have recommended that the format of an enumerated list can bring clarity to matters subject to class adjudication and facilitates appellate review of a certification order. [read post]
3 Oct 2023, 12:18 pm by Lauren Guichard and Andrew Young
Circle K Stores, Inc. and the City of Pineville, in which the Court changed course from multiple of its prior decisions and clarified that the open and obvious determination is not a matter of duty for the court to decide, but a matter of breach for the fact finder. [read post]
28 Nov 2007, 12:31 pm
” As the Supreme Court has explained, “[w]hile this immunity from suit is not absolute, we have recognized only two circumstances in which an individual may sue a state. [read post]
19 Jun 2009, 9:02 am
Yglesias wrote: Roundabout 2005, a lot of people were working on the idea that Karl Rove and George W. [read post]
6 Oct 2016, 6:52 am by Brittan J. Bush
In its decision, the Third Circuit explicitly rejected the Western District’s holding in TDX Energy and stated: [W]hile decisions of federal courts are considered persuasive, especially cases concerning federal law, they are not binding on the courts of the State of Louisiana, especially on matters concerning the interpretation of state law which have been ruled upon. [read post]
19 Sep 2016, 11:02 am by Arthur F. Coon
Per the Court of Appeal: … [W]e disagree with the limitation in [HAP] on which prevailing parties are entitled to seek an award of the cost of preparing the administrative record. [read post]
12 Nov 2019, 9:30 am by Steven J. Tinnelly, Esq.
In the early stages of property law (also known as “common law”), the principle that controlled for centuries was “[w]hoever’s is the soil, it is theirs all the way to Heaven and all the way to hell. [read post]