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22 Jan 2021, 6:50 am by Daphne Keller
And Eric Goldman explains well how CDA 230 conveys civil procedure advantages that the First Amendment does not. [read post]
22 Jan 2021, 6:49 am by Daphne Keller
And Eric Goldman explains well how CDA 230 conveys civil procedure advantages that the First Amendment does not. [read post]
21 Jan 2021, 3:47 am by SHG
Eric Posner makes a point, both accurate and disturbing, arguing that Democrats, and thus President Biden, should not shy away from the unilateral use of Executive power to get things done. [read post]
20 Jan 2021, 11:02 am
 As the 45th President of the United States, twice impeached, leaves office to an uncertain future, he was kind enough to have delivered a farewell address. [read post]
19 Jan 2021, 8:21 am by Eric Goldman
by guest blogger Tyler Ochoa [Eric’s intro: The following is an excerpt from Joyce, Ochoa and Carroll, Copyright Law (2021 Supplement). [read post]
19 Jan 2021, 5:05 am by Jean O'Grady
  Lexis+ Litigation Analytics delivers relevant, high-level insights and comparisons that help legal practitioners understand the factors that matter most – judicial experience and the expertise of opposing and outside counsel. [read post]
In the Vazquez matter, on May 2, 2019, the Ninth Circuit vacated the summary judgment ruling for Jan-Pro entered prior to Dynamex, holding that Dynamex applied retroactively, and remanded the case for further proceedings. [read post]
1 Jan 2021, 8:14 am by Joel R. Brandes
The Ninth Circuit vacated and remanded the district court’s order, concluding that it had erred in two respects: (1) “[a]s a matter of fact ... by relying on non-existent testimony that Castanos never threatened Berenguela-Alvarado as a means of securing her consent to EICB staying the United States”; and (2) “[a]s a matter of law ... by shifting the burden on the consent issue back to Berenguela-Alvarado, requiring her to prove by a preponderance of the… [read post]
1 Jan 2021, 8:12 am by Joel R. Brandes
Eric Castanos will fully be responsible for [EICB’s] housing, nutrition, clothing, education, personal hygiene and physical health. [read post]
31 Dec 2020, 7:49 am by Eric Goldman
[Eric’s note: this statement has been factually incorrect for about two decades but  ¯\_(ツ)_/¯]. [read post]
30 Dec 2020, 7:55 am by Bob Ambrogi
With technology, where we practice hardly matters, neither to us nor to our clients. [read post]
24 Dec 2020, 8:30 pm by Jim Sedor
But the court’s decision is not a final ruling on the matter, and it is not clear whether Trump will receive final numbers from the Census Bureau before he leaves office. [read post]
21 Dec 2020, 5:01 am by Paul Stern
Provided some government entity pays the settlement or judgment, it does not matter who precisely writes the check. [read post]
18 Dec 2020, 6:37 am
Just say "whoever" and it doesn't matter if you're right or wrong. [read post]
17 Dec 2020, 8:30 pm by Jim Sedor
Biden’s Inaugural Will Be Mostly Virtual, but Money from Donors Will Be Real New York Times – Kenneth Vogel and Eric Lipton | Published: 12/16/2020 President-elect Joe Biden’s allies have begun an ambitious campaign to raise millions of dollars from corporations and individuals by offering special “V.I.P. participation” in reimagined inaugural festivities that will be largely virtual because of the coronavirus pandemic. [read post]
16 Dec 2020, 10:03 am by Eugene Volokh
The court held that the law was unconstitutional "insofar as it criminalizes the secret, nonconsensual audio recording of police officers discharging their official duties in public spaces" (the argument made by plaintiffs Eric Martin and René Pérez, whose case was joined for purposes of appeal with Project Veritas's broader challenge): [T]he First Amendment limits the government regulation of information collection, as our decisions in Glik v. [read post]