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30 Apr 2015, 1:11 pm
  By the next day, the child was covered in blisters, her lips were bleeding, she could not open her eyes or mouth, and she was diagnosed with TEN. [read post]
24 Apr 2022, 6:30 am by Guest Blogger
For the Balkinization Symposium on Joseph Fishkin and William Forbath, The Anti-Oligarchy Constitution: Reconstructing the Economic Foundations of American Democracy (Harvard University Press, 2022).Ken Kersch In Conservatives and the Constitution(Cambridge, 2019), I detailed the extent to which, long before the ascendence of legalist originalism, the postwar American conservative movement enlisted appeals to constitutional fidelity, redemption, and restoration in the public sphere to both… [read post]
3 Jun 2013, 6:14 am by The Charge
  The Reconstructionist Amendments opened the door for that to occur. [read post]
12 Apr 2019, 5:00 am by Steve Stransky
” In turn, I&A defines “domestic terrorism” simply as “[t]errorism that is not international terrorism. [read post]
11 Dec 2015, 1:21 pm by Benjamin Wittes
” The escort team rules did require staffing changes—and staffing changes that can lead to errors. [read post]
17 Aug 2018, 12:30 pm by John K. Ross
Driver: I don't deny threatening to kill the officers, but they never shouted any commands at me; they just opened fire. [read post]
10 Nov 2021, 11:07 am
The missed opportunities from that small but important opening in 2016 may in retrospect prove to be the greatest error of the vanguard in this current era of transition--that and the stubborn cultivation of a reactionary Leninism that does not accord with the times.It is in this context that one might better evaluate the moves that are being made by the state and its opposition in the run up to the next show of protestor strength: the planned popular manifestations of 15 November… [read post]
11 Jun 2019, 10:30 am by Guest Blogger
Another is to encourage new market entrants to build, and investors to fund, open speech platforms in the first place. [read post]
9 Jan 2017, 1:15 am by Jeroen Willekens
" (see point IV of the Summary of Facts and Submissions).The header of the notice of appeal:is open to the interpretation that the appeal was filed in the name of ("au nom de") Holmatro, i.e. the patent proprietor. [read post]
1 Mar 2022, 9:35 am by Neil H. Buchanan
So this is more than the usual "all errors are my own" style of disclaimer. [read post]
21 Oct 2014, 12:00 am
 The appropriate inventive step test Birss J recited the much-quoted statement from Generics v Lundbeck which opens:‘The question of obviousness must be considered on the facts of each case. [read post]
26 Oct 2021, 2:09 pm by Neil H. Buchanan
  He knows how to frame things almost as if they are arguments with which one can engage, but he also knows how to deny that he has ever been caught in a lie or a logical error. [read post]
10 Apr 2018, 4:57 pm by Benjamin Wittes
Rosenstein, who worked for Starr, does not appear to be making the error of concentrating things in Mueller’s hands. [read post]
9 Jan 2017, 6:01 am
People, 69 P.3d 73, 76 (Colo. 2003).To satisfy the prejudice prong in the context of a guilty plea, the defendant must show that there is a reasonable probability that `but for counsel's errors, he would not have pleaded guilty and would have insisted on going to trial. [read post]
3 Jan 2022, 5:30 am by Sherry F. Colb
He said that the government has an interest in having zero risk of error during the execution. [read post]
7 Oct 2022, 4:22 pm by Howard Knopf
 But when the SCC decided the 2012 Alberta case, without regard to the 2012 amendment, it corrected the error and affirmed that “education” has been part of fair dealing even before the amendment, dating back to the fair dealing provision as enacted in the UK act of 1911 and the Canadian act of 1921. [read post]
28 Dec 2018, 6:29 am
A system will minimize its error, and its agents will diminish in every way those they serve, in proportion to the extent to which it must pay for its mistakes. [read post]
21 Jul 2020, 5:21 pm by Allan Blutstein
  As I have expressed in previous commentary here and elsewhere, I have problems with the new FMI standard as it seems to open the door to submitters trying to game the system and force a subjective standard for confidentiality. [read post]