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29 Feb 2016, 4:51 am by SHG
  It was a low point of free speech, but then, in times of war, the law falls silent. [read post]
28 Feb 2016, 12:14 pm by New York Criminal Defense
 Absent a “a reasonably high degree of probability that the presumed fact follows from those proved directly” (People v Leyva, 38 NY2d 160, 166), “the danger . . . is that of logical gaps – that is, subjective inferential links based on probabilities of low grade or insufficient degree – which undetected, elevate coincidence and, therefore, suspicion into permissible inference” (People v Cleague, 22 NY2d 363). [read post]
28 Feb 2016, 12:14 pm by Donald Thompson
 Absent a “a reasonably high degree of probability that the presumed fact follows from those proved directly” (People v Leyva, 38 NY2d 160, 166), “the danger . . . is that of logical gaps – that is, subjective inferential links based on probabilities of low grade or insufficient degree – which undetected, elevate coincidence and, therefore, suspicion into permissible inference” (People v Cleague, 22 NY2d 363). [read post]
28 Feb 2016, 10:44 am by Dean Freeman
Additional Resources: Lawmakers take aim at Uber, Lyft and other ride-sharing companies in competing bills, Feb. 8, 2016, By Jeff Schweers, Naples Daily News More Blog Entries: McFadden v. [read post]
26 Feb 2016, 8:48 am by David Russcol
Since 2007, and especially after the Supreme Court’s 2009 decision in Ashcroft v. [read post]
26 Feb 2016, 8:48 am by David Russcol
Since 2007, and especially after the Supreme Court’s 2009 decision in Ashcroft v. [read post]
25 Feb 2016, 3:06 pm by Jeremy Masys
Last Saturday, I was scrolling through Facebook past the usual Bernie/Hillary/Trump/Oscars/kitten-video back-and-forth, when I saw that one of my FB friends had “liked” an article entitled, “Woman Fired by Yelp After Making Viral Post About Low Wages. [read post]
25 Feb 2016, 1:00 pm by Blake Marcus
Reasonable suspicion is a relatively low threshold to meet and only requires there be some objective reason for the stop: something more than just a hunch. [read post]
24 Feb 2016, 10:11 am by Dean Freeman
Additional Resources: Fla. renters pay $279 more for car insurance, study finds, Feb. 8, 2016, By Charles Elmore, Palm Beach Post More Blog Entries: Wuthrich v. [read post]
24 Feb 2016, 5:26 am by Orin Kerr
We need physical box security to be low enough that the traditional balance of the Fourth Amendment can work. [read post]