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19 Mar 2022, 2:09 pm by admin
The second edition of the Reference Manual on Scientific Evidence contained a chapter by the late Professor Margaret Berger, who took pains to point out the difference between agency assessments and the adjudication of causal claims in court: [p]roof of risk and proof of causation entail somewhat different questions because risk assessment frequently calls for a cost-benefit analysis. [read post]
24 Jan 2022, 6:04 pm
” In their own ways each tries to center the way that knowledge is organized and rationalized through systems of interpreting, understanding and giving meaning to the world around us (Jacques Lacan, Écrits: A Selection (Routledge, 1997) p. 21; Jean-Paul Sartre, The Imaginary: A Phenomenological Psychology of the Imagination (Routledge, 2010 (original 1940), pp. 57-94). [read post]
29 Dec 2021, 12:00 pm by Kevin LaCroix
As long-time readers of this blog know, one of the long-range concerns in the D&O insurance industry is the possible exposures of corporate directors and officers to liability claims arising from climate change (as discussed most recently here). [read post]
28 Nov 2021, 4:34 pm by INFORRM
In the latest development in the ongoing Ben Roberts Smith defamation claim against the Sydney Morning Herald and Canberra Times over a series of allegations of war crime, a court has ruled that a secret report produced by Channel Seven into Roberts Smith will not be available in the proceedings. [read post]
4 Nov 2021, 5:37 am by Eugene Volokh
I'm putting up some excerpts from my new draft article, The Law of Pseudonymous Litigation, hoping to get some feedback. [read post]
24 Oct 2021, 4:17 pm by INFORRM
Media Law in Other Jurisdictions Australia The Defamation claim brought by Ben Roberts-Smith, the war veteran accused of committing war crimes by the Defendant newspapers, continues. [read post]
4 Aug 2021, 9:17 pm by Chuck Cosson
  Janet Smith, writing in Crisis magazine, argues the disclosure of information was akin to the right of a spouse to know if their partner is being unfaithful.[7] I think both the Pillar and Janet Smith’s arguments fail, and fail decisively, for at least three reasons: First, to the extent one justifies the disclosure of a person’s movements as beneficial to an institution,  more is needed to justify disclosure to the public rather than simply to the… [read post]
4 Aug 2021, 11:49 am by Rebecca Tushnet
Cathay Smith: Do you foresee a point in time at which an AI might be able to make a fair use/fair dealing decision in the moment? [read post]
13 Jul 2021, 9:17 am by Patricia Hughes
In Search of the Ethical Lawyer (2016), p.109 for a list.) [read post]
27 Jun 2021, 4:15 pm by INFORRM
The case of Jeff Bezos and Michael Sanchez (the brother of Bezos’ girlfriend), reached a Seattle court. [read post]
6 Jun 2021, 4:17 pm by INFORRM
Internet and Social Media There is a post by Michael Douglas on the Bennett+Co website entitled Suing Google, Facebook or Twitter for defamation. [read post]
14 May 2021, 4:00 am by Jim Sedor
It was reported that NABPAC hosted a webinar in March with Republican strategist Michael DuHaime, who advised companies on how to restart donations, and how to communicate this with the public, given that there would be “fallout. [read post]
2 May 2021, 4:46 pm by INFORRM
Australia ABC News had a piece “Ben Roberts-Smith allegedly threatened to sue his ex-wife over defamation case, court told”. [read post]