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4 Oct 2011, 5:26 am by Rebecca Tushnet
” Miva also stated that "[w]e do not rely on 'spyware' for any purpose and it is not part of our product offerings," that "[w]e have implemented screening policies and procedures to .... detect[ ] fraudulent click-throughs, which are not billed to our advertisers," and that "[w]e have developed automated proprietary screening applications and procedures to minimize the effects of ... fraudulent clicks. [read post]
3 Oct 2011, 8:42 pm by Jasmine Joseph
And between the lines, the article offers criticism of Scalia's conservative philosophy.Origin Myth: The Persons Case, the Living Tree, and the New OriginalismBradley W. [read post]
30 Sep 2011, 3:31 pm by Eugene Volokh
Hart (Sept. 28), over one judge’s dissent (and with an interesting short concurrence). [read post]
30 Sep 2011, 11:24 am by Nissenbaum Law Group
The Court explained that in order “[t]o determine if a publication is substantially true, we consider whether the alleged defamatory statement was more damaging to plaintiff’s reputation, in the mind of the average person, than a truthful statement would have been, and [w]e look at the ‘gist’ of the publication to determine whether it is substantially true. [read post]
30 Sep 2011, 9:19 am by Kiera Flynn
  In the New York Times, Adam Liptak analyzes the arguments in the briefs filed on Wednesday, while at the Huffington Post Mike Sacks notes the extent to which the government’s petition seeking review of the Eleventh Circuit’s decision striking down the individual mandate as unconstitutional “repeatedly invokes” the concurring opinion filed in the Sixth Circuit by Judge Jeffrey Sutton, who clerked for Justice Scalia and was nominated by… [read post]
30 Sep 2011, 6:27 am by Daniel Sokol
W (by her litigation friend, B) v M (by her litigation friend, the Official Solicitor) and others [2011] EWHC 2443 (Fam). [read post]
29 Sep 2011, 12:44 pm by Nissenbaum Law Group
The Court explained that in order “[t]o determine if a publication is substantially true, we consider whether the alleged defamatory statement was more damaging to plaintiff’s reputation, in the mind of the average person, than a truthful statement would have been, and [w]e look at the ‘gist’ of the publication to determine whether it is substantially true. [read post]
29 Sep 2011, 6:05 am by Jon Hyman
[W]e conclude issues as to whether each employee was engaged in work or non-work activities during the gap period are too individualized to warrant class treatment for all hourly employees…. [read post]
29 Sep 2011, 4:40 am by Vanessa Kurzweil
  The only permitted exceptions to this general expectation would arise if more than one person claims to be the patient’s representative, state law requires specific documentation for the designation of a medical representative, or the hospital has a reasonable basis to believe an individual is making a false claim about a relationship with a patient. [read post]