Search for: "People v. Davis (1989)"
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2 Feb 2015, 2:56 pm
Jennifer Rothman and I have just submitted an amicus brief supporting en banc review by the Ninth Circuit in Davis v. [read post]
7 Nov 2014, 5:52 am
A warning about an inherent risk – a so-called “risk warning” – serves an entirely different purpose.With inherent risks, people are warned so they can decide whether that risk outweighs the benefits that might be gained from using the product. [read post]
9 Oct 2014, 6:38 pm
This duty of fair dealing encompasses an obligation to ensure fairness in grand jury submissions (People v Pelchat, supra; People v Jordan, 153 AD2d 263 [2nd Dept 1990]; People v Russo, 128 Misc2d 876, 880 [Co Ct Suffolk Co 1985]), which includes notice of the grand jury proceedings that gives a defendant a reasonable opportunity to exercise his right to testify, not mere technical compliance with minimum statutory notice requirements… [read post]
4 Oct 2014, 12:09 pm
The more political and personal preferences are involved, and the greater the complexity of the underlying scientific analysis, the more we should expect people, historians, judges, and juries, to ignore the Royal Society’s Nullius in verba,” and to rely upon the largely irrelevant factors of reputation. [read post]
25 Sep 2014, 6:57 am
Moreover, people often have multiple motives for what they say. [read post]
2 Aug 2014, 7:10 am
And there are real people in those jobs, people with families to feed. [read post]
2 Jun 2014, 5:08 pm
App. 1989), Scott v. [read post]
22 Dec 2013, 1:13 pm
If they are, then the exception to those regs opened up by the ECJ in Teckal Srl v Commune di Viano applies. [read post]
22 Dec 2013, 1:13 pm
If they are, then the exception to those regs opened up by the ECJ in Teckal Srl v Commune di Viano applies. [read post]
12 Dec 2013, 12:57 pm
[Footnote: Davis ex rel. [read post]
9 Dec 2013, 11:12 am
Johnson, 491 U.S. 397, 414 (1989); Cohen v. [read post]
13 Nov 2013, 12:16 pm
Grimaldi, 875 F.2d 994, 999 (2d Cir. 1989), and what the Ninth Circuit held as to the song title “Barbie Girl,” which deliberately referenced Barbie, Mattel, Inc. v. [read post]
24 Oct 2013, 9:01 pm
Georgia and McClesky v. [read post]
13 Oct 2013, 11:53 am
Oct. 11, 2011), Davis v. [read post]
26 Sep 2013, 9:35 am
See Glik v. [read post]
13 Aug 2013, 7:03 am
Johnson (1989) and United States v. [read post]
31 Jan 2013, 9:01 pm
What the original draftsmen (that is, the people who actually wrote the words) subjectively intended might be evidence of what the words meant at the time, but any divergence between the drafters’ subjective intentions and the most likely understandings of those words at the time of enactment would be resolved in favor of the latter. [read post]
21 Dec 2012, 5:31 am
Don't be one of those people. [read post]
21 Dec 2012, 5:31 am
Don't be one of those people. [read post]
21 Dec 2012, 5:31 am
Don't be one of those people. [read post]
