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24 Apr 2024, 8:55 pm by Lawrence Solum
Whatever the doctrine’s merits as a linguistic canon, a doctrine so untethered from the constitutional values that ostensibly grant it its legitimacy has little merit as a substantive canon. [read post]
28 Sep 2010, 4:57 am by Ted Frank
First, the causal arrow goes both ways. [read post]
8 Oct 2014, 7:30 am by Ben Snitkoff
First, on page 8, the judge states the wrong standard for a permanent injunction. [read post]
12 Aug 2011, 12:46 pm by Adam Gillette
Second, just because a discrimination claim is found to lack merit, does not necessarily mean that a retaliation claim will also lack merit. [read post]
30 Aug 2010, 9:06 pm by A. Benjamin Spencer
But the court has no authority to conduct a free-floating inquiry into the plaintiffs’ likelihood of success on the merits, unrelated to a class certification requirement. [read post]
6 May 2011, 7:14 am by Mike "No Man" Navarre
First, I’d like to say that I encourage commenters to say what they want about the substantive merit of Courts of Criminal Appeals’ opinions, and this blog has said much about the substantive merit of many CCA opinions. [read post]
20 Oct 2011, 11:56 am
First, she erred by finding that the pornographic material fell within the scope of the pre-2005 artistic merit defence on the ground that Mr. [read post]
13 Aug 2014, 4:22 pm
The Reporters Committee for the Freedom of the Press, for example, filed an amicus brief in conjunction with the ACLU, the Washington Post, and two dozen other media organizations arguing that all of the speech at issue merits First Amendment protection. [read post]
8 Dec 2018, 2:29 pm by Radhika Kapoor
First, egregious violations of human rights within national borders – by their very nature – cut across these national borders and thus merit international anxiety. [read post]
31 Oct 2012, 6:00 am by Christopher J. Willis
 First, compliance with the 20-day petition deadline is obviously critical. [read post]
9 Oct 2009, 9:06 am
The proposed rule change provides that if a state court judge comments on the merits of a post-conviction appeal, the judge shall "first clearly and expressly" determine whether the claim is independently precluded from further appeal for procedural issues. [read post]
13 Dec 2021, 6:52 am by Jonathan H. Adler
The post Supreme Court Denies Breeze Smoke Stay Application appeared first on Reason.com. [read post]
26 Feb 2008, 5:15 am
  First, this is a decision that characterizes derivative suits as strike suits. [read post]
29 Jan 2010, 11:08 am
Didn't happen, though all first and second years, who were told that they were not bonus-eligible, did get bonuses. [read post]