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18 Aug 2023, 7:00 am by ricelawmd_3p2zve
If you have strong evidence, the defendant might just agree to cover all your damages, save legal fees on the trial, and avoid humiliation in court. [read post]
18 Aug 2023, 6:30 am by Adam Keith
Worst of all, in one of the legal memos that paved the way for the U.S. use of waterboarding and other acts of torture, former Justice Department lawyer John Yoo reassured the Bush White House that, among other claims, U.S. nationals “cannot…be subject to ICC prosecution. [read post]
18 Aug 2023, 6:13 am by Eugene Volokh
That standard demands that the plaintiff produce "sufficient evidence to permit the conclusion that the defendant in fact entertained serious doubts as to the truth of [the defendant's] publication. [read post]
18 Aug 2023, 6:08 am
Watching Ramaswamy on the stump reminded me that Biden, who campaigned against Trump’s extremism in 2020 as a pragmatist and a steady hand, has not yet had to defend his investments in climate transformation and the Ukraine war, and made me wonder how effectively he would do so. [read post]
18 Aug 2023, 6:00 am by AccelerateEditor
Breach of duty: Prove that the defendant breached their duty of care through their actions or inactions. [read post]
18 Aug 2023, 5:01 am by Eugene Volokh
Removing these documents from public view and redacting all references to them in the briefing would undermine the public's ability to know the basis for the Court's decision on Defendant's Motion to Dismiss, as the documents form almost the entirety of Defendant's evidence in support of his Motion to Dismiss and both parties discuss Plaintiff's criminal record extensively in their briefing. [read post]
18 Aug 2023, 4:30 am by Michael C. Dorf
There was no dispute that the defendants were on duty and thus acting under color of their federal office. [read post]
18 Aug 2023, 4:05 am by Howard Friedman
The court said in part:Maine continues to permit multiple non-religious exemptions, including a 90-day grace period for non-religious students, a medical exemption, and the IEP sunset provision, all of which arguably undermine its student health and safety interests while restricting religious exemptions that may pose comparable risks....The Court finds it plausible that section 6355 is not narrowly tailored to advance Maine’s interests.The court also found that defendants… [read post]
18 Aug 2023, 4:00 am by Jim Sedor
Alabama – Alabama Republicans Defend Not Creating a Second Majority Black District in Court Yahoo News – Zach Montellaro (Politico) | Published: 8/14/2023 Alabama Republicans were ordered by a federal court to redraw their congressional maps to ensure there were two majority-Black districts. [read post]
18 Aug 2023, 3:00 am by Shea Denning
Sad situation all around, for all the families. [read post]
18 Aug 2023, 2:59 am
A county-run website on the siren describes it as an 'all-hazard siren system' to alert residents to natural disasters and other emergency situations, 'including tsunamis, hurricanes, dam breaches, flooding, wildfires, volcanic eruptions, terrorist threats, hazardous material incidents, and more.'"From "Maui’s Emergency Management Chief Resigns After Questions About Fire Response/The chief, Herman Andaya, cited his health in stepping down. [read post]
18 Aug 2023, 2:00 am
All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.# # #US DOJ PRESS RELEASE ~ (07.27.23) [read post]
17 Aug 2023, 10:51 pm by Adam Levitin
It is the same thing as in the Rule 23(b)(3) class action context, when settling defendants have to deal with the opt-outs. [read post]
17 Aug 2023, 9:01 pm by Austin Sarat
They are felt most acutely by the families of murder victims who must repeatedly relive their loss as the process unfolds.For anyone accused of a capital crime, the announcement of a death sentence by a judge or jury, extended confinement on death row, the issuance of a death warrant, and the execution itself all are moments of almost unimaginable psychological suffering. [read post]
17 Aug 2023, 5:25 pm by Jon Katz
As with all other aspects of my defending my clients, I never judge my clients, but instead fully defend them. [read post]
17 Aug 2023, 1:46 pm by Intellectual Property Group
Again, the allegations of secondary liability against Instagram are all predicated on direct infringement by third-parties, here BuzzFeed and Time. [read post]
17 Aug 2023, 1:18 pm by Jennifer Niles Coffin
  But the Sixth Circuit was not swayed, focusing on the fact that the government still must prove that someone committed all the elements of the charged crime of violence—unlike for the incomplete attempt offense in Taylor. [read post]
17 Aug 2023, 1:10 pm by Zak Gowen
Meta started blocking news on its Facebook and Instagram platforms for all users in Canada last week in response to a law requiring internet giants to pay for news articles. [read post]