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7 Nov 2014, 5:52 am
We’ve made no secret of our distaste for the so called “heeding presumption” – that juries may presume that any alternative “adequate” warning would have been heeded by the plaintiff (or, in prescription medical product cases, the prescriber). [read post]
23 Jul 2020, 5:55 am by Kevin Kaufman
Key Findings Allowing companies to fully and immediately deduct investments in structures is one of the most cost-efficient ways lawmakers can stimulate investment, create jobs, and boost GDP during a post-pandemic recovery. [read post]
14 Apr 2025, 3:46 pm by Irina Tarsis
By John Freeman Cultural heritage is contentious.[1] Recent litigation between the Getty Museum and and Italy is a testament to the polarized nature of these disputes, which pit museums against nation states.[2] While Italy argues that the ancient bronze statue known as the “Victorious Youth” should return to Italy, the Getty Museum contends that the work should remain in its collection.[3] This case is individually nuanced and significant; however, in their quarrel over whether to… [read post]
7 Oct 2010, 9:52 am by Eugene Volokh
(For more on the claimed non-stipulated facts, see David Bernstein’s later post.) [read post]
20 Feb 2008, 1:42 pm
" One also fears that the kind of anger still borne and now disclosed by Thomas despite huge success may not be totally irrelevant to the psychological profile of George W. [read post]
16 Jul 2011, 8:39 am by A.J.B.
The modern doctrine of forum non conveniens Forum non conveniens, literally “the forum not coming together,” is a common law doctrine by which a suit must be dismissed if the choice of forum, because of its geographical location, presents an undue burden on one or more of the parties. [read post]
6 Mar 2024, 1:11 am by David Pocklington
Although the Regulations only permit a black, white or uncoloured etching, I will extend that permission to allow the rose to be coloured as in the drawing with which I have been provided. [read post]
23 Feb 2024, 6:49 am by Brian Finucane
… [W]e do not share this expansive interpretation of Common Article 1 …. [read post]
28 Oct 2023, 3:24 pm by centerforartlaw
Proponents of removal argue that these monuments symbolize a dark period in American history and glorify individuals who fought to preserve slavery and white supremacy. [read post]
17 Oct 2012, 9:00 pm by Joanna L. Grossman
  Certainly, the glass ceiling that prevents many women from reaching the upper echelons of government and private industry is very real, and it takes proactive efforts, perhaps including binders, to overcome the old-boy network that continues to put white men into these positions in numbers that are disproportionate to their numbers in the qualified labor pool. [read post]
16 Jul 2011, 8:39 am by A.J.B.
The modern doctrine of forum non conveniens Forum non conveniens, literally “the forum not coming together,” is a common law doctrine by which a suit must be dismissed if the choice of forum, because of its geographical location, presents an undue burden on one or more of the parties. [read post]
3 Mar 2010, 7:33 pm by Adam Thierer
Today I am testifying at an FCC hearing on “Serving the Public Interest in the Digital Era. [read post]
3 Mar 2025, 2:51 am by Sasha Volokh
[Continuing my serial blogging on whether private universities can use a Boy Scouts expressive association theory to have race-based affirmative action.] [read post]
30 Jan 2025, 1:30 am by Jack Bogdanski
How it looked, except the Radio Shack was a Chock Full o’ Nuts coffee shop.The Jersey Journal, the (almost) daily newspaper in Hudson County, New Jersey, just across the Hudson River from Manhattan, is going out of business. [read post]
3 Nov 2011, 10:05 pm by Lyle Denniston
  A part of Section 214 contains a direct order to the State Department: “For purposes of the registration of birth, certification of nationality, or issuance of a passport of a United States citizen born in the city of Jerusalem, the Secretary [of State] shall, upon the request of the citizen or the citizen’s legal guardian, record the place of birth as Israel.” President George W. [read post]
5 Dec 2010, 9:01 pm by Kevin Couch
And so far, the public is very interested....COUCH: [W]ould you be interested in pursuing the Jackie Chiles character further? [read post]
17 Jan 2013, 8:05 am by Marty Lederman
Perry, No. 12-144 — involving whether the Equal Protection Clause of the Fourteenth Amendment prohibits California from retracting state constitutional law that had allowed same-sex couples to marry — the Court has asked the parties to brief and argue “[w]hether petitioners have standing under Article III, § 2 of the Constitution in this case. [read post]