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23 Dec 2021, 7:40 am by Christopher Tyner
In a second-degree murder case, the trial court did not err by omitting a jury instruction on the defense of accident or by sentencing the defendant as a Class B1 felon State v. [read post]
Following the landmark ruling by the Supreme Court in Unwired Planet v Huawei, which stated that English courts can decide FRAND terms on a worldwide basis, English courts have become a popular forum for litigating SEP related disputes and it seems that they will likely continue to be so. [read post]
16 Dec 2021, 12:26 pm by Kevin Kaufman
If we accept the state’s argument that it’s an excise tax, then it’s probably an unconstitutional one, because it fails to meet the nexus requirements established in cases like Complete Auto Transit v. [read post]
15 Dec 2021, 1:31 pm by Eric Goldman
As a double-insult, 512(f) preempts related state law claims over abusive takedown notices, so it actually leaves victims worse off than if 512(f) didn’t exist by clearing out the field. [read post]
15 Dec 2021, 5:01 am by Emily Dai
Deploying the National Guard is more complicated in D.C. than in the states. [read post]
” Judge Woodcock stated that she is bound by precedent set in HKSAR v Lai Chi Ying and Others and that a constitutional challenge is not appropriate. [read post]
13 Dec 2021, 1:21 pm
State Farm Fire and Casualty, 895 A.2d 530 (Pa. 2006).The court in Donovan also reiterated its previous decision in Gallagher v. [read post]
8 Dec 2021, 4:25 pm by INFORRM
First, the Court states that the right to protection of personal data has the power to ‘interfere’ with freedom of expression. [read post]
8 Dec 2021, 2:13 pm
The argument was both fascinating and confusing, and it will not be an easy task to sort it all out for the interested lay reader.Perhaps the best way to go about this is first to state a number of propositions upon which all appeared to agree, and then go from there.First, the appellate counsel on both sides did a great job of holding up under fire. [read post]
7 Dec 2021, 8:44 am by Eugene Volokh
I'll begin by laying out a few categories of situations where the risk of reputational harm is especially serious, and then summarize the state of court decisions on the subject. [1.] [read post]
1 Dec 2021, 4:00 am by Michael C. Dorf
All I'm saying is that Casey itself lays all of this out pretty unequivocally. [read post]
28 Nov 2021, 4:34 pm by INFORRM
Last Week in the Courts The judgement in Chowdhury Mueen-Uddin v Secretary of State for the Home Department QB-2020-002120 was published this week. [read post]