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29 Sep 2020, 12:54 pm by Randee Iles and Rebecca Guidry
  The first is the finding that BBP, a non-state actor, violated the Landowners’ constitutional rights. [read post]
29 Sep 2020, 12:30 pm by Richard Hasen
This article is the first entry in a symposium on the jurisprudence of the late Justice Ruth Bader Ginsburg. [read post]
On Monday McHugh concluded that the plaintiffs were likely to succeed on the merits of their case. [read post]
29 Sep 2020, 8:11 am by Reed Benson
New Mexico is a new dispute in an old Supreme Court proceeding, first filed in 1974 but, until recently, dormant since the early 1990s. [read post]
29 Sep 2020, 5:58 am by Steve Lubet
Although I disagree with Feldman on the merits of her pledge, I strongly support the First Amendment and academic freedom rights of professors and others to engage in boycotts of Israel, and to take other positions and actions critical of the Israeli government (and of Israel itself). [read post]
The decision was rendered on September 25, 2020, in a case opposing Merck and Teva (free translation available here).This is the first decision in Europe on the merits to be rendered by an appellate court. [read post]
28 Sep 2020, 4:15 pm by INFORRM
With respect to the Merits-Based Hurdle, there had been debate at the lower courts about the evidentiary standard on the plaintiff/moving party to demonstrate “grounds to believe” the proceeding had “substantial merit” and that there was “no valid defence”. [read post]
28 Sep 2020, 4:03 pm by Eugene Volokh
Anderson sued, and Judge Adelman ruled that she was entitled to a preliminary injunction, because she had "a very high likelihood of success on the merits of her First Amendment claim": At the outset, I note that this case does not require me to determine whether Anderson's comments towards Dr. [read post]
28 Sep 2020, 2:18 pm by Robert Chesney
Such motions do require courts to engage on the merits, however, because “likelihood of success on the merits” is a central issue in the analysis. [read post]
The post Federal judge delays TikTok ban appeared first on JURIST - News - Legal News & Commentary. [read post]
28 Sep 2020, 1:15 pm by Steve Vladeck
The post October Term 2020 and the specter of (a lot of) mootness appeared first on SCOTUSblog. [read post]
28 Sep 2020, 12:15 pm by Kate Cox
The first factor, however, is the most important: TikTok needed to prove its case is "likely to succeed on the merits. [read post]
28 Sep 2020, 12:08 pm by Florian Mueller
The first and longest part--during which the court discussed with counsel for both parties the likelihood of success on the merits--was particularly key. [read post]
28 Sep 2020, 10:02 am by William Ford, Tia Sewell
Event Announcements (More details on the Events Calendar) Monday, September 28, 2020, at 10:00 a.m.: The Brookings Institution will host an online event on whether presidential debates matter in election outcomes. [read post]
28 Sep 2020, 8:13 am by Richard Marsolais
’s petition for IPR could be heard on a substantive basis, the PTAB had to first decide whether there was merit to “institute” the petition for IPR. [read post]
28 Sep 2020, 1:51 am by Peter Mahler
The vast majority of LLC dissolution cases fit within the first, failed-purpose category. [read post]
27 Sep 2020, 5:40 am by David Oscar Markus
"Like many other liberals, I’m devastated by Justice Ruth Bader Ginsburg’s death, which opened the way for President Donald Trump to nominate a third Supreme Court justice in his first term. [read post]