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13 Oct 2020, 8:08 am by Eugene Volokh
[But a] dopting the too-common practice of reading extra immunity into statutes where it does not belong, see Baxter v. [read post]
5 Apr 2021, 5:01 am by Eugene Volokh
" News organizations have long been rewarded, through advertising, subscriptions, and newsstand sales, for publishing eye-catching and often even lurid scoops (an incentive that has naturally increased the risk of defamation); that they now continue to get some advertising revenue from "ongoing display" doesn't strike me as relevant here (though I agree that ongoing display on the Internet does sometimes create somewhat novel libel-related problems). [read post]
29 Jul 2010, 1:33 pm by David Oscar Markus
I have little doubt that had I been the sentencing judge I might well have fashioned a different and harsher sentence for this defendant. [read post]
28 Mar 2012, 2:15 am by Lucy
It does this by supplying a ‘general defence’ for those whose actions might trespass upon or violate a person’s ordinary legal rights. [read post]
9 Mar 2007, 4:27 pm
For wage and hour attorneys, Wednesday's hearing in Murphy v. [read post]
24 Apr 2023, 7:04 am by Camilla Hrdy
I want to return to my old favorites through a new lens; I want a sequel, a prequel, or a re-make. [read post]
14 Dec 2018, 3:05 am
In the same way, a phonogram created through sampling does not incorporate all or a substantial part of the sounds of the original phonogram. [read post]
10 May 2011, 10:11 pm by Kevin LaCroix
Readers of this blog may recall that in September 2010, Judge Victor Marrero entered a significant ruling in the case, in which he granted the defendants’ motion, in reliance on the Morrison v. [read post]
19 Aug 2011, 3:00 am by Ted Folkman
It follows from this language that the immunity does not depend on the foreign state’s appearance in the case. [read post]
26 Aug 2021, 6:30 am by Guest Blogger
  Many constitutive decrees, such as naturalization, change the rights of a litigant through judicial say-so, that is, through the application of law to fact and entry of a judicial order upholding the claim of right. [read post]