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19 Apr 2019, 7:49 am
But from the perspective of the legal system, and its desire to minimize the chilling effect on true statements while still imposing liability on false statements, it should be adequate to treat the judicial finding of falsehood as a substitute for a finding of actual malice. [2] This continuing chilling effect is one reason why Justices Black, Douglas, and Goldberg would have imposed a rule of absolute immunity in public concern libel cases. [read post]
18 Apr 2019, 3:15 pm
And written opinions have obvious benefits for the development and transparency of caselaw in our common-law system. [read post]
18 Apr 2019, 12:41 pm
" The campaign evolved from a generalized program designed in 2014 and 2015 to undermine the U.S. electoral system, to a targeted operation that by early 2016 favored candidate Trump and disparaged candidate Clinton. [read post]
18 Apr 2019, 12:02 pm
The effort to pass laws to bar alleged terrorists from the U.S. court system so they're forever locked up on extra-judicial island is pretty much a failure. [read post]
18 Apr 2019, 8:00 am
The judicial system moves slowly, and probate court is perhaps the most cautious. [read post]
18 Apr 2019, 4:00 am
” Class actions, the report concluded, serve an important access function: “By affording ‘an opportunity for voicing mass grievances in an orderly fashion within the framework of the existing “judicial” system,’ they may provide an antidote to the social frustration that exists where neither courts nor administrative agencies are able to protect the rights of citizens on an individual basis. [read post]
18 Apr 2019, 3:55 am
This causes great problems to the patent litigation system and wastes the resources of the court and the parties. [read post]
18 Apr 2019, 3:00 am
Jessica Smith is moderating the event and it is open to all judicial system stakeholders. [read post]
18 Apr 2019, 2:22 am
Second human rights claim does not automatically trigger right of appeal says Supreme Court In this judgment concerning appeal rights, the Supreme Court unanimously dismissed a Jamaican national’s appeal but it took the opportunity to express serious concern about the huge pressures confronting the appeals system and the complexities of the Immigration Rules. [read post]
17 Apr 2019, 1:35 pm
At least twenty-two states, the District of Columbia and the federal system provide for pretrial preventative detention through constitutional or statutory provisions. [read post]
17 Apr 2019, 11:23 am
The defendant appealed directly to the Supreme Court. [read post]
17 Apr 2019, 11:23 am
The defendant appealed directly to the Supreme Court. [read post]
17 Apr 2019, 11:23 am
The defendant appealed directly to the Supreme Court. [read post]
17 Apr 2019, 9:22 am
Yet, while other progressive-minded prosecutors have embraced “smart justice” policies such as decriminalization, problem-solving courts, and mandatory-minimum sentencing reform, Ms. [read post]
16 Apr 2019, 7:40 pm
Court of Appeals for the D.C. [read post]
16 Apr 2019, 2:06 pm
Considering the factual record before it about Spath’s conduct and relying on statutory guidelines regarding judicial disqualification, “judicial codes of conduct, precedent, and [the court’s] own judgment as ethics-bound jurists to guide [it], [the court] conclude[d] that, based on the totality of the circumstances, Judge Spath’s conduct falls squarely on the impermissible side of the line. [read post]
16 Apr 2019, 1:52 pm
Remember, there is no parole in the federal judicial system. [read post]
16 Apr 2019, 9:09 am
And jury decisionmaking coupled with judicial gatekeeping may provide better protection than either jury decisionmaking or judicial decisionmaking alone—among other things, dispensing with a jury verdict would leave the defendant’s right to speak at the mercy of a single governmental decisionmaker. [read post]
16 Apr 2019, 6:02 am
Otherwise, a deposition is not a proceeding, because it is not before a court or judicial officer. [read post]
16 Apr 2019, 5:34 am
The Canadian Judicial Council’s Statement of Principles on Self-represented Litigants and Accused Persons and Supreme Court of Canada’s decision to endorse them have placed a significant onus on judges to assist self-represented litigants. [read post]
