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14 Jan 2014, 9:17 am by Eugene Volokh
., Awad v Ziriax, 754 F Supp2d 1298, 1306 [WD Okla 2010], aff’d 670 F3d 1111 [10th Cir 2012]). [read post]
12 Oct 2022, 5:31 am by Quinta Jurecic
[I]t wouldn’t surprise me if you’ve gone on to make a deal with ... the government. ... [read post]
1 May 2023, 9:00 pm by Michael C. Dorf
Various provisions of statutes (or for that matter of the Constitution) may originate in different ways, but what matters is what actually passes. [read post]
25 Jun 2017, 7:00 am by Loren DeJonge Schulman, Amy Schafer
These roles are profoundly difficult to learn and unlearn; to paraphrase John F. [read post]
25 Oct 2019, 10:00 am by Eugene Volokh
But in this preliminary, pre-discovery procedural posture, the court declines to rule as a matter of law that it is not. [read post]
30 Jul 2015, 11:47 am by Jeff Welty
In a nutshell, the Court ruled that once the purpose of a traffic stop has been addressed – or reasonably should have been addressed – an officer can’t extend the stop, even briefly, for unrelated investigative activities such as drug dog sniffs, unless the officer has reasonable suspicion of criminal activity to support the continued detention. [read post]
22 Apr 2011, 9:20 am
And if they don't provide to the auditor the documents that the auditor wants, does the case get dismissed, and are other sanctions possible? [read post]
16 Nov 2008, 9:03 am
  At risk of being called a twit (or a thwowback), the f/k/a Gang is pre-emptively opting out. [read post]
21 Sep 2011, 4:00 am by Terry Hart
A prior restraint does not refer to any and all suppression of First Amendment activities; the suppression must reference specific subject matter or viewpoint. [read post]
9 Mar 2015, 5:26 pm
[T]he district court [rejected the libel claim, reasoning] that: “[A]s a matter of law, associating a political candidate with a mainstream political position, even if false, cannot constitute defamation. [read post]
7 Mar 2017, 3:16 am by Dennis Crouch
Good ethical lawyers know they shouldn’t plead a matter for which they have no legal or factual basis, and so they didn’t, and therein lies the waiver. [read post]
21 Sep 2011, 10:34 am by Susan Brenner
Gwathney, 465 F.3d 1133 (10th Cir. 2006). [read post]
21 Aug 2014, 10:30 am by Bruce Colbath
Liability under the Lanham Act As background, the Second Circuit explained that “[t]o establish false advertising under Section 43(a) of the Lanham Act, 15 U.S.C. [read post]
21 Aug 2014, 10:38 am by Bruce Colbath
Liability under the Lanham Act As background, the Second Circuit explained that “[t]o establish false advertising under Section 43(a) of the Lanham Act, 15 U.S.C. [read post]
8 Jun 2016, 2:49 pm by Kevin LaCroix
  The Second Circuit held that the trial evidence was insufficient as a matter of law to prove that Countrywide made a false representation with contemporaneous fraudulent intent. [read post]
4 Feb 2020, 5:01 am by Eugene Volokh
Specific Facts Upon Which Petitioner Relies Eugene Volokh is Gary T. [read post]