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14 Sep 2011, 10:08 am by Matthew Nelson
  Similarly, recommendations to limit sanctions for evidence spoliation to situations where a litigant’s conduct is “intentional” or “willful” were met with a chilly reception by those favoring better adherence to the current Rules. [read post]
14 Sep 2011, 9:32 am by The Book Review Editor
  By now the reader is not ignorant of the parallels between—and sometimes-conflicting tactics of—counterterrorism and counterinsurgency, and similarly the importance of the media and propaganda to counterterrorism hardly counts as revelatory. [read post]
14 Sep 2011, 4:25 am by Russ Bensing
  The opinion notes that other appellate courts have similarly “rejected attempts to extend the Castle Doctrine from ones residence or dwelling to the surrounding property. [read post]
14 Sep 2011, 2:21 am by Patti Spencer
On the other hand, some states have laws that consider the gift of the ring to be a completed gift. [read post]
13 Sep 2011, 6:07 pm by Rebecca Tushnet
” Here I have less complaint, because I don’t think that “content” is a useful category for determining the level of scrutiny to be applied to a speech regulation in the way that “viewpoint” is, as I will detail below.)Hart, a former college football player at Rutgers, sued EA for misappropriating his likeness and identity on behalf of a class of those similarly situated. [read post]
13 Sep 2011, 6:00 pm by Dan Markel
I can see why we'd treat both pools similarly based on purported justification c) above. [read post]
13 Sep 2011, 1:12 pm
On one hand, it is an exceptional power to be exercised sparingly, with caution and care and to remedy extraordinary situations or situations occasioning gross failure of justice; on the other hand, it is an overriding power whereunder the Court may generously step in to impart justice and remedy injustice. [read post]
13 Sep 2011, 12:33 pm by Jeralyn
The State of Texas cannot and should not tolerate an execution on the basis of an individual’s race, particularly where this State’s highest legal officer has acknowledged the error, not only in similarly situated cases, but in this case.” Steven Woods is scheduled for execution tonight. [read post]
13 Sep 2011, 12:28 pm by David Horton
”  Similarly, in Metro East Center for Conditioning & Health v. [read post]
12 Sep 2011, 11:53 am
On the other, the social need that law shall not be flouted by the insolence of office. [read post]
12 Sep 2011, 10:43 am by Steve Hall
s highest legal officer has acknowledged the error, not only in similarly situated cases, but in this case. [read post]
12 Sep 2011, 10:12 am by Steven Titch
When most other buyers also raise similarly provisional antitrust concerns, rejecting one in favor of another will appear arbitrary and smack of central planning. [read post]
12 Sep 2011, 3:01 am
Because, explained the court, “[i]t would thus be unfair for similarly situated civil service employees employed by other municipalities without such a notice of claim requirement to be allowed to pursue an improper practice charge against their respective municipalities without the necessity of filing a notice of claim while requiring the Union employees herein to file a notice of claim. [read post]
11 Sep 2011, 11:00 pm by Orin Kerr
Similarly, businesses should have confidence that they can allow customers to access certain information on the business’s servers, such as information about their own orders and customer information, but that customers who intentionally exceed those limitations and obtain access to the business’s proprietary information and the information of other customers can be prosecuted.On one hand, DOJ is right that some specific circumstances justify punishment for a person who… [read post]
11 Sep 2011, 8:14 pm by The Book Review Editor
Other former Legal Advisers similarly challenge the view that force is the preferable response to a threat posed by terrorism. [read post]
11 Sep 2011, 4:50 pm by Dawinder "Dave" S. Sidhu
To be satisfied only with our traditional duties, Colvin may say, would be to allow dire situation on the corners and in other distressed social spaces to fester unabated. [read post]
9 Sep 2011, 8:03 pm by David Kemp
However, this argument conveniently overlooks a crucial difference between same-sex partners in Arizona and similarly situated different-sex partners. [read post]
9 Sep 2011, 8:03 pm by David Kemp
However, this argument conveniently overlooks a crucial difference between same-sex partners in Arizona and similarly situated different-sex partners. [read post]