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17 Feb 2014, 12:12 pm
Marshall (2006) case (which I observed as a clerk) and the Stern v. [read post]
17 Feb 2014, 7:26 am by Rebecca Tushnet
  Instead, the fact/nonfact distinction limits and channels defamation liability in a way that, first, we hope is objective and thus more protective of speech than a subjective standard, and second, we believe limits liability when factfinders would be inclined to protect powerful and respected figures over marginal characters—both when the marginal characters are plaintiffs and when they’re defendants. [read post]
17 Feb 2014, 5:14 am by Rebecca Tushnet
  Two primary sources of guidance: SCt’s unanimous 2012 decision in Hosanna Taber v. [read post]
16 Feb 2014, 4:06 pm by INFORRM
Once again, the Daily Mail is top (339) and the Sun second (128), with only the Daily Telegraph of the other papers making it into double figures (109). [read post]
14 Feb 2014, 1:36 pm
Here's yet another example of what weird results one sometimes gets from trying to figure out under the "categorical approach" whether a particular crime is a "crime of violence" under the sentencing guidelines. [read post]
14 Feb 2014, 1:18 pm by Jack Goldsmith
This is one of the key challenges of the Information Age, and figuring out where to store the data is a major part of that challenge. [read post]
14 Feb 2014, 9:35 am by Ronald Collins
Question: In one of your charts in Storm Center you provide some interesting figures about the Court’s subject matter docket between 1825 and 2010. [read post]