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20 Aug 2014, 4:47 am
But under the First Amendment overbreadth doctrine, the legislature can’t just ban a vast range of political threats and let prosecutorial discretion take care of the matter. [read post]
18 Aug 2014, 9:01 pm by Sherry F. Colb
How to Assess the Impact of the Law for State Action Purposes In addition to invoking the availability of abortion in neighboring states, the dissent in the Mississippi case contends that it is simply inaccurate to describe the Mississippi law in question as having the legal effect of closing the last abortion clinic in the state:  “[t]he direct, legal effect of House Bill 1390 [the Mississippi law] is only to mandate [admitting privileges]. [read post]
18 Aug 2014, 1:29 pm
Irwin, 601 F.3d 919, 922 (9th Cir. 2010), and Cottrell, Ltd. v. [read post]
18 Aug 2014, 8:38 am
Caronia, 703 F.3d 149, 165 (2d Cir. 2012) (“[P]romotion of off-label drug use is not in and of itself false or misleading. [read post]
16 Aug 2014, 12:15 pm by Guest Blogger
  I don’t care who does it, whether it’s some court some place, or the United States Congress. [read post]
15 Aug 2014, 2:27 pm by David
Ct. at 3225 (explaining that the issue of whether claims are directed to statutory subject matter is “a threshold test”); see also In re Comiskey, 554 F.3d 967, 973 (Fed. [read post]
13 Aug 2014, 1:56 pm
Since then, the story has been updated to say that, “[f]ollowing publication of the story, Garwood Police Chief Bruce D. [read post]
12 Aug 2014, 10:50 pm
” … While breach and proximate cause are factual matters for the jury, the existence of a duty is a matter for the court to decide. [read post]
12 Aug 2014, 9:22 pm by H. Scott Leviant
  As a result, class members performed essentially the same tasks, most of which were nonexempt as a matter of law. [read post]
12 Aug 2014, 8:00 pm
The district court denied AbbVie’s post-trial motions for judgment as a matter of law (“JMOL”), and in the alternative, for a new trial. [read post]
12 Aug 2014, 6:00 am by Shea Denning
We are policy-neutral here at the School of Government, but I’ll own my aversion to laws that I can’t explain. [read post]
11 Aug 2014, 12:03 pm by Andrew & Danielle Mayoras
 It doesn’t matter; that’s what the will says, so that’s when she gets the money. [read post]