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16 Sep 2015, 6:07 am
Yet the court then concluded that the statute was overbroad, for two reasons: the statute (1) doesn’t provide a defense for honest mistakes on matters of public concern (i.e., doesn’t require that the prosecutor show that the speaker knew the statement was false or likely false), and (2) doesn’t provide absolute protection for matters of opinion. [read post]
4 Mar 2016, 7:26 am by Rebecca Tushnet
 Unfair competition under §43(a)(1)(B) and New York law: The court granted summary judgment against Assara and Shuman, but not against Tayar, Jay Shuman, or Dr. [read post]
21 Mar 2014, 1:39 pm by Andrew Crocker
(b) to enforce this agreement or protect the rights or property of Microsoft or our customers[.] [read post]
15 Apr 2016, 8:18 am by Daniel Shaviro
 First, it only goes to low-hourly-wage who actually are employed, not those who would like a job but can't get one (or don't like this one enough to take it). [read post]
27 Jun 2015, 9:56 am
Code § 19.2-62(B)(2)), and D.B., though present and the subject of the discussion, was unconscious. [read post]
Furthermore, it is crucial to recognize that this last critique by Kohse and Wittes only applies to a case brought under 18 U.S.C. 1512(b) for harassing or intimidating a witness. [read post]
30 Jun 2014, 12:35 pm by Brian Pascal
No matter how smart an individual is, no matter how far ahead of his or her time, their thinking is still constrained by the world around them. [read post]
17 Oct 2015, 1:57 pm by Steve Kalar
That statute provides, in relevant part: ‘A person who assaults any person having lawful charge, control, or custodyof any mail matter or of any money or other property of the United States, with intent to rob, steal, or purloin such mail matter, money, or other property of the United States, [shall be guilty of a crime]. [read post]
17 Jul 2024, 1:02 pm by Rebecca Tushnet
” This was not a rebuttable presumption, so survey evidence wasn’t relevant. [read post]
12 May 2014, 10:47 am by Howard Weiss
Section 315(e)(1) of the Communications Act requires broadcasters to maintain (and make available for public inspection) certain information with respect to any request to purchase airtime when the request is either (a) made on behalf of a legally-qualified candidate for public office or (b) “communicates a message relating to any political matter of national importance”. [read post]
30 Jun 2014, 12:35 pm by Brian Pascal
No matter how smart an individual is, no matter how far ahead of his or her time, their thinking is still constrained by the world around them. [read post]