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25 May 2024, 1:57 pm by Eugene Volokh
"  Second, if a litigant sufficiently alleges such a harm, then the court employs a balancing test to determine whether the party's reasonable fear of severe harm "outweighs the public's interest in open litigation. [read post]
25 May 2024, 9:11 am by Eric Goldman
The “material contribution” test is supposed to apply only when the defendant adds the alleged illegality to the third-party content, such as taking a third party’s non-defamatory statement and making it defamatory. [read post]
24 May 2024, 6:51 pm by Christine Kexel Chabot
  Had the Fifth Circuit invited further historical briefing on Appropriations Clause challenges (issues that the parties likely regarded as throwaway arguments for much of the litigation), one wonders if the Court of Appeals would have corrected its own mistakes without a trip to the Supreme Court. [read post]
24 May 2024, 2:44 pm by Thomas
They will document the scene, gather information, conduct sobriety tests if necessary, and create an official report of the incident. [read post]
24 May 2024, 12:51 pm by Jack Sharman
This article from Imbibe— Vermouth Taste Test—is a good guide. [read post]
24 May 2024, 12:47 pm by John Ross
But when those providers started contracting with third-party pharmacies to dispense the drugs, and those pharmacies were awfully loosey-goosey about tracking who got the discounts, drug manufacturers imposed contract conditions to tighten things up. [read post]
24 May 2024, 6:05 am by Emile Ayoub
On May 8, the Office of the Director of National Intelligence (ODNI) released a framework that establishes uniform baseline standards for how the Intelligence Community (IC) should categorize, acquire, and handle commercially available information (CAI). [read post]
24 May 2024, 4:00 am by Guest Blogger
Does that party really have business before the court? [read post]
24 May 2024, 3:43 am by Jonathan Herbst (UK)
There is a general view within the market that if the Labour party comes to power in the upcoming election, it will broadly continue the same regulatory approach as under the current government. [read post]
24 May 2024, 3:00 am by Jim Sedor
National/Federal With Debate Deal, Trump and Biden Sideline a Storied Campaign Institution DNyuz – Adam Nagourney (New York Times) | Published: 5/16/2024 The agreement by President Biden and Donald Trump to move ahead with two presidential debates, and sideline the Commission on Presidential Debates, is a debilitating and potentially fatal blow to an institution that had once been a major arbiter in presidential politics. [read post]
There are four key areas of focus that the BoE and PRA have been exploring, where further clarification on their regulatory framework could be beneficial and which are relevant to AI and ML: Data Management.Model Risk Management.Governance.Operational Resilience and Third Party Risks. [read post]
23 May 2024, 6:00 pm by Kurt R. Karst
Because the Democratic Party currently holds a majority in the Senate and President Biden would almost certainly veto the joint resolution if it passed, it is highly unlikely these resolutions will garner enough support to be enacted. [read post]
23 May 2024, 12:25 pm by Lawrence Solum
Dallas County, in which it redefined its interpretation of Title VII, and overturned the “ultimate employment decisions” test. [read post]
23 May 2024, 10:50 am by Mark Ashton
But at least we still have what is the “dependency” test of Miller. [read post]
22 May 2024, 1:33 pm by Law Lady
Torts -- Defamation per se -- Trial court's verbatim adoption of defendant's proposed final judgment does not require reversal where it was evident that final judgment reflected trial court's independent decision on issues in the case -- Both parties were al [read post]
In the decision, Judge Barker criticized the “two prong” test of the Final Rule and determined that the test only has one step for all practical purposes, holding that the second step of the test is not a unique step but is “either co-extensive with step one or a superset of step one. [read post]
22 May 2024, 7:44 am by Cyberleagle
At an earlier point in the judgment Kennett J had said: “The policy questions underlying the parties’ dispute are large. [read post]
22 May 2024, 4:03 am by Andrew Lavoott Bluestone
“‘If the parties … do not create their own relationship of higher trust, courts should not ordinarily transport them to the higher realm of relationship and fashion the stricter duty for them’” (id. at 20 [citation omitted]). [read post]
21 May 2024, 9:01 pm by renholding
This means that it is possible to render advice to a retirement investor without being a fiduciary, so long as the relationship between the advice provider and the retirement investor is clearly defined and understood by all parties. [read post]