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4 Feb 2024, 6:29 pm by Marty Lederman
Part II of Donald Trump’s brief argues that the factual predicate for the Colorado Supreme Court’s decision to remove Trump’s name from the primary ballot was absent because Trump did not “engage in” an insurrection against the United States on January 6, 2021.[1]  [Apologies in advance about all the footnotes, but I didn't want to clutter the text with too many peripheral matters.]The Colorado Supreme Court held that Trump’s words on… [read post]
1 Jul 2015, 7:34 am by Schachtman
In fact, Rule 26(b)(1) describes the scope of allowable discovery as follows: ‛Parties may obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involved in the pending action… . [read post]
31 May 2022, 6:43 am by familoo
A lot has been written of late about the privacy (or otherwise) of family money cases, and all of it by men with big brains and a lot of words. [read post]
22 Mar 2011, 12:52 pm by George Lenard
Citing Dennis Duffy of Baker Botts LLP, an article by Ben James in Law 360 states the Court in Staub: [D]id not foreclose the possibility that an employer’s independent review of a complaining employee’s allegations of discriminatory animus might curtail liability, but it also didn’t provide clear guidance as to under what circumstances such an investigation woul [read post]
25 Oct 2021, 1:20 pm by Emily Dai
In session III, Cameron Kerry, Brookings Ann R. and Andrew H. [read post]
10 Jul 2013, 1:32 pm by Venkat
The court says these notices don’t matter, because Fung had “red flag” knowledge of a “broad range of infringing activity. [read post]
21 Feb 2019, 4:00 am by Administrator
Many of the citations deal with eminently practical matters, but the courts have also thought it beneficial to call upon the philosophers for a variety of more strictly “philosophic” notions, for example, Thomas Aquinas on the doctrine of free will, and Bertrand Russell on logical constructions. [read post]
4 Jan 2023, 6:05 am by Ambassador Peter Mulrean (ret.)
The Kennedy administration’s response to the Cuban Missile Crisis is a case in point, as is the George H. [read post]
18 Mar 2013, 6:30 am by Benjamin Wittes
On the other hand, if the proposal is to include all targeted lethal force off the “hot battlefield,” that is a different matter. [read post]
27 Jul 2014, 9:03 am by Schachtman
  In litigating scientific issues, lawyers and judges will necessarily have to engage with substantive matters. [read post]
25 Feb 2022, 3:00 am by Jim Sedor
Ferriero said the agency had been in touch with the Justice Department over the matter. [read post]
12 Nov 2021, 9:52 am by Eugene Volokh
But if the court really wants to keep the plaintiff's identity secret, then the witness would have to be put under some sort of protective order to remain quiet about that identity as well.[8] Many people are likely to resist becoming witnesses if that means agreeing to a protective order, at least if they have no personal stake in the matter. [read post]
1 Jul 2010, 5:20 pm by carie
Powell and Harry Blackmun (Nixon), David H. [read post]
4 Aug 2019, 10:03 pm by Chris Castle
Senator Josh Hawley recently introduced the The Social Media Addiction Reduction Technology (SMART) Act which is legislation to go after social media addiction. [read post]