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30 Jun 2020, 9:01 pm by Sherry F. Colb
If people could not agree unanimously on either guilt or innocence this time around, it would seem, likewise, that getting a unanimous jury the second time around reveals only the fact that eventually, you can find twelve people to agree on one side or the other, no matter what the truth might be. [read post]
30 Jun 2020, 3:44 pm by Eugene Volokh
" But instructors are entitled and empowered to say "no" to such requests;[1] and, just as students have every right to express their views on such matters to faculty and to others, instructors are entitled to explain their views in turn to students. [read post]
30 Jun 2020, 12:49 pm by Adam Levitin
As a political matter, the program's details would be negotiated behind the Rawlsian veil, so lobbying pressures will be less intense. [read post]
30 Jun 2020, 10:55 am by Ilya Somin
Involvement in such spiritual matters implicates both the Establishment Clause, see Cutter, 544 U. [read post]
30 Jun 2020, 6:40 am by Clint L. Taylor
He specializes in federal tax matters as well as mergers, acquisitions, commercial restructurings, and other business transactions. [read post]
30 Jun 2020, 3:32 am by CMS
In this post, James Warshaw, an associate in the Dispute Resolution team at CMS, previews the decision which is expected to be handed down tomorrow, 1 July 2020, in the matter of R v Hilton (Northern Ireland). [read post]
30 Jun 2020, 2:41 am by Stewart Baker
Lindsey Graham (R-S.C.), Tom Cotton (R-Ark.), and Marsha Blackburn (R-Tenn.) introduced the Lawful Access To Encrypted Data Act. [read post]
29 Jun 2020, 11:32 pm by Josh Blackman
As a practical matter, this case will have little impact. [read post]
29 Jun 2020, 9:00 pm by Jareb Gleckel
Considering benefits as a threshold matter, under rational-basis review, is not ideal but it is something—at least in theory. [read post]
29 Jun 2020, 7:01 pm by Jeffrey Neuburger
To hiQ, LinkedIn’s privacy arguments were “disingenuous” given that LinkedIn previously permitted hiQ to scrape user data and allegedly limited hiQ’s collection only after it decided to start its own data analytics service that crunched LinkedIn member data. hiQ argued further that, beyond the CFAA, LinkedIn has state remedies available to confront unwanted scraping and that the proper resolution of this issue is really a matter for Congress, as it involves complex… [read post]
29 Jun 2020, 6:21 pm by Daniel E. Cummins, Esq.
 Ultimately, the Supreme Court affirmed the Commonwealth Court’s holding that the retroactivity of the Protz decision dates back to the date of the IRE in the context of a worker’s compensation matter.After reviewing the prior Pennsylvania caselaw on the retroactivity of new law under the circumstances presented in this matter, the Court held that, unless the appellate decision rendering the new law specifically states that it is to be applied prospectively, the new rule of… [read post]
29 Jun 2020, 4:34 pm by Eugene Volokh
To begin with, recall that, as a general matter, you can lawfully use deadly force to prevent death, serious bodily injury, kidnapping, or rape, if you reasonably fear such harm. [read post]
29 Jun 2020, 2:42 pm by Kevin LaCroix
  Moreover, simply as a practical matter, given how clearly the Court spoke in Liu, and in light of the criticism the Commission has absorbed over the perceived unfairness of litigating in the administrative forum, ignoring Liu in administrative proceedings would likely ignite another round of litigation and criticism over the SEC’s administrative process. [read post]
29 Jun 2020, 12:49 pm by Geoff Schweller
In the second matter, the CFTC filed and settled charges against Deustche Bank Securities Inc. [read post]
29 Jun 2020, 11:50 am by Eugene Volokh
But Doe reads that same Report to mean that, in 80 percent of the cases, the complainant herself chose not to pursue the matter formally. [read post]
29 Jun 2020, 9:05 am by Darius Whelan
 At European level, we are watching closely the implementation of the Copyright in the Digital Single Market Directive, in particular Article 5 on "Use of works and other subject matter in digital and cross-border teaching activities. [read post]