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But if Smith were overruled, this Court's estimate of harm would have been final, unrevisable without an Article V constitutional amendment. [3.] [read post]

The Volokh Conspiracy - http://www.volokh.com/

Grocery store assumed duty to maintain its parking lot

26 May 2020, 8:30 am by The Law Offices of John Day, P.C.

” In Jones v. [read post]

Day on Torts - http://www.dayontorts.com/

Sam's Club exposed to disgorgement for potential warranty differences in grey goods it sold

26 May 2020, 8:27 am by Rebecca Tushnet

LLC v. [read post]

43(B)log - http://tushnet.blogspot.com/

burden is on Ds to show unprotectability of what they copied

26 May 2020, 7:27 am by Rebecca Tushnet

Compulife Software Inc. v. [read post]

43(B)log - http://tushnet.blogspot.com/

court rejects HomeAdvisor's First Amendment defense of its misleading ads

26 May 2020, 6:25 am by Rebecca Tushnet

Gascon v. [read post]

43(B)log - http://tushnet.blogspot.com/

SKAPPOLOGY

26 May 2020, 6:22 am by Schachtman

Studies funded by parties are routinely relied upon in litigation, and they are often pivotal in how courts decide significant claims of environmental or occupational harm.[1] Unfortunately, the sponsorship of studies by plaintiffs’ counsel, third-party litigation funding entities, and advocacy groups is often obscured or hidden. * * * * * * * * * * * * I recently happened upon an article of interest in an obscure journal, by a well-known author.[2] The author, John C. [read post]

Tortini - http://schachtmanlaw.com/blog/

Sibling Visitation Rights in Illinois

26 May 2020, 5:29 am by Russell Knight

Troxel v. [read post]

Law Offices of Russell D. Knight - https://rdklegal.com/blog/

[Eugene Volokh] "The Question Is Whether Delta [Airlines] Can Bring the Court a Dispute to Adjudicate in Secret"

26 May 2020, 5:02 am by Eugene Volokh

Woods' decision Friday in Delta Air Lines, Inc. v. [read post]

The Volokh Conspiracy - http://www.volokh.com/

NINE STATES CHALLENGE FEDERAL EPA BROAD FLEXIBILITY DURING COVID CRISIS

25 May 2020, 1:14 pm by STEPHEN HOLZER

The lawsuit does not cite any actual harm that has so far occurred due to EPA's change in policy but argues only that all kinds of harm are threatened. [read post]

Environmental Legal Blogs - http://environmentallegal.blogs.com/sholzer/

First Informal Consultation on the Revised Draft Legally Binding Instrument on Business Activities and Human Rights; Friday, 29 May 2020, 10:00-12:00 (Geneva-CET)

25 May 2020, 12:46 pm

On both substantive and technical grounds, as policy or law, the draft Treaty effectively impedes the development of effective measures for the vindication of the rights of people harmed by others in the course of economic activities.Lamentably, none of these substantial observations, delivered to those who have tasked themselves with this project, was acknowledged. [read post]

Law at the End of the Day - http://lcbackerblog.blogspot.com/