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9 Dec 2024, 4:22 am by Franklin C. McRoberts
Questions of Fact Do Not Necessarily Preclude Injunctive Relief Justice Platkin began his analysis with an important principle: “The existence of a question of fact does not prevent a party from establishing a likelihood of success on the merits; success need not be a certainty to obtain a preliminary injunction” (Petry v Gillon, 199 AD3d 1277 [3d Dept 2021]). [read post]
3 Dec 2020, 2:40 pm by Jason Kelley
As the Supreme Court recognized in the Reno v. [read post]
24 Dec 2011, 9:25 am
The Constitution Bench of this Court in Gurbaksh Singh Sibbia and Others v. [read post]
14 Apr 2010, 2:13 pm by Adam Thierer
  The early history of media in this country was characterized by the “partisan press” due to the heavy reliance on a patronage model and direct association with political parties and figures. [read post]
9 Apr 2024, 10:32 am
 Pix credit here The question of the photograph has been at the center of modernity, and now deeply embedded in the reconsideration of the intersubjectivity of the person (and social collectives)  in their encounters with the simulacra of the virtual and its generative consciousness (Jan Broekman, Knowledge in Change (Springer, 2023); Larry Catá Backer, 'The Soulful Machine' Int'l J. [read post]
4 Nov 2024, 6:39 am by Marty Lederman
In an article here back in July, I explained why Judge Cannon is wrong and why the Supreme Court was correct to hold in United States v. [read post]
17 Sep 2024, 7:17 am by Phil Dixon
Early one morning, the decedent was involved in a high-speed chase with a West Virginia State Trooper. [read post]
7 Jul 2010, 11:07 am by R. Grace Rodriguez, Esq.
The trial judge, however, neverreached this conflict in the facts, because he ruled strictly on legal grounds: namely (1)that section 2923.5 does not provide for a private right of action and (2) section 2923.5 ispreempted by federal law. [read post]
26 Jan 2023, 8:00 am by Guest Blogger
  But even if a bill does become a law, all of us are increasingly well aware that that is not the last step. [read post]
2 Mar 2016, 4:24 pm by INFORRM
  First, the Act remains in its early stages, inevitably meaning that the principles will develop further over time. [read post]