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15 Dec 2020, 1:48 pm
Foster doesn’t answer this question (likely because the majority felt it didn’t need to), but it’s worth noting that the court was concerned with “dilut[ing] deliberate indifference into mere reasonableness,” because Title IX cases “often generate triable issues of fact,” suggesting that the Sixth Circuit views the Davis standard as serving a gatekeeping function. [read post]
15 Dec 2020, 1:48 pm
Foster doesn’t answer this question (likely because the majority felt it didn’t need to), but it’s worth noting that the court was concerned with “dilut[ing] deliberate indifference into mere reasonableness,” because Title IX cases “often generate triable issues of fact,” suggesting that the Sixth Circuit views the Davis standard as serving a gatekeeping function. [read post]
15 Dec 2020, 1:40 pm
Moore’s Law may be on its death bed (if not already at an end), but it departs having made its mark over the last 30 years. [read post]
15 Dec 2020, 11:05 am
Shelley Moore Capito (R-W.Va.) outlined her concerns in a letter to Federal Communications Commission Chairman Ajit Pai last week. [read post]
11 Dec 2020, 2:35 pm
It won't work. [read post]
11 Dec 2020, 4:15 am
Shouldn’t we just break up Google like we did with Standard Oil and big telecom? [read post]
10 Dec 2020, 4:00 am
I don’t think there are hard and fast rules about this. [read post]
9 Dec 2020, 6:41 am
Moore, review your will to verify if the court accepts it as a true last testament of the deceased. [read post]
7 Dec 2020, 5:30 am
” (That wouldn’t be true even if that treaty existed, which it doesn’t.) [read post]
6 Dec 2020, 6:30 am
In related fashion, their theory feels somewhat less moored to familiar constitutional signposts. [read post]
3 Dec 2020, 8:40 am
The department has pursued cases against the president’s enemies, notably investigating an agreement among four auto companies to voluntarily reduce emissions, and it has declined to pursue cases against the president’s friends, allowing T-Mobile to acquire Sprint. [read post]
29 Nov 2020, 3:01 pm
It won't work. [read post]
24 Nov 2020, 8:12 am
” “‘Increasingly, as law firms become like the large accounting firms, there’s going to be a role for the independent boutique model in the way there wasn’t before,’ Woolery said Thursday. [read post]
23 Nov 2020, 1:24 pm
The evidence at their jury trial was that “Scott and Santiago, along with other officers of DOCCS, assaulted Kevin Moore, an inmate at the Downstate Correctional Facility in Fishkill, New York. [read post]
20 Nov 2020, 12:30 pm
It definitely isn't RICO. [read post]
15 Nov 2020, 3:13 pm
Ben T. [read post]
10 Nov 2020, 12:05 pm
(Dissent by Judge Moore). [read post]
8 Nov 2020, 8:16 am
And think of this- pre-covid Chief Judges Soto and Moore would have to cancel court on Monday. [read post]
6 Nov 2020, 8:24 am
Moore. [read post]
3 Nov 2020, 6:32 am
That two procedural issues of first impression would arise in the same case makes this a Moore's Federal Practice bonanza.The case is Legg v. [read post]
