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2 Jun 2021, 5:20 pm by Kevin LaCroix
”   Finally, Judge Moore said that “as an initial matter the Court has not found any of the Defendants’ statements to be materially false or misleading to sustain a securities fraud claim,” adding that even if the statements were materially false, he found that the plaintiffs “have not sufficiently alleged a strong inference that Carnival acted with (1) the intend to deceive, manipulate, or defraud its investors; or (2) severe recklessness. [read post]
17 Aug 2021, 9:18 am by Eugene Volokh
Generally speaking, a statement isn't libelous if it (1) quotes or refers to an accurate factual assertion, and then (2) expresses an opinion that's clearly based on that assertion (rather than on undisclosed facts that the speaker claims to know). [read post]
1 Feb 2012, 12:28 pm by Susan Brenner
This is how I explain the plain view doctrine to my students: Assume police have a warrant to go to John Doe’s home and search for a stolen safe (a small one). [read post]
25 Oct 2012, 9:01 pm by Vikram David Amar
  The Court there said that the two key factors in determining whether an agreement between two or more states requires Congressional approval are whether the agreement threatens (1) the supremacy of the federal government, or (2) the sovereignty of non-signatory states. [read post]
19 Aug 2011, 7:17 pm by Frank Pasquale
Even with Obama’s reforms, the state does not provide healthcare or insurance to most people. [read post]
21 Sep 2020, 3:08 am by Liz Dunshee
As John recently blogged on The Mentor Blog, this Ropes & Gray memo takes a deep dive into the amendments. [read post]
25 Sep 2006, 5:23 pm
  An impressive number, to be sure, but many questions about it are left unanswered, such as: (1) How does it compare to the contributions from any other industry or group? [read post]
23 Oct 2012, 2:06 pm by Mike "No Man" Navarre
For example, if the discovery material contained the name of a witness who has witnessed an event from his kitchen window, the order would prohibit him from going to that witness’ neighbor and saying, “John Smith says he saw a Ryder van from his kitchen window on June 1, 2000. [read post]
24 Aug 2022, 9:55 am by Marc Lauritsen
Noise and its discontents There are two main kinds of judgments in which noise can be problematic: (1) when we’re predicting things (what will happen) and (2) when we’re evaluating things (what’s good or not so good.) [read post]