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20 Jul 2022, 5:01 am by Eugene Volokh
But in practice, given how hard it is for government officials to accurately determine whether someone is sincere—especially when that someone holds beliefs the officials sharply condemn—and the chilling effect caused by this risk of error, it may be best to provide categorical protection rather than just an "actual malice" standard. [read post]
17 Jan 2011, 3:13 pm by Betsy McKenzie
The best guess for where a statute would be codified if it ever passed would be Chapter 334, Money, Rates of Interest, or possibly in Chapter 332, Collection, Credit Services, Consumer Protection, which has 332.52 - 332.60, Credit Services Organizations. [read post]
2 Apr 2012, 9:55 am by Geoffrey Rapp
The curious case of Oscar Pistorius & Caster Semenya, 12 TEXAS REVIEW OF ENTERTAINMENT & SPORTS LAW 133 (2011)Ross E. [read post]
21 Apr 2014, 10:30 am by Jack Goldsmith
  A worked example seems the best answer to that question. [read post]
11 Apr 2016, 3:24 am by Peter Mahler
. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Update April 12, 2016:  Professor Daniel Kleinberger, one of the foremost experts on LLCs and no stranger to readers of this blog (e.g. here and here), sent me the following [read post]
18 Dec 2022, 3:52 pm by admin
Doctor Moline, why can’t you be true? [read post]
11 Apr 2016, 3:24 am by Peter Mahler
. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Update April 12, 2016:  Professor Daniel Kleinberger, one of the foremost experts on LLCs and no stranger to readers of this blog (e.g. here and here), sent me the following [read post]
6 Feb 2024, 10:50 am by Eugene Volokh
This is, at best, suggestive of precisely what Holley alleged—that Newman believed the COVID vaccine killed his classmate. [read post]
21 Aug 2023, 6:05 am by Patryk I. Labuda
Ambassador-at-Large for Global Criminal Justice Beth van Schaack, arguing last year that “[w]e cannot overlook the growing perception by many states, especially from the Global South, that the concerted response to Ukraine is a stark exception. [read post]
7 Nov 2014, 5:52 am
  So what follows is our best interpretation of the position of the fifty states (plus DC and Puerto Rico) on whether any presumption arises when a plaintiff claims an inadequate warning (almost every case) that a hypothetical warning (never in fact given) would have been heeded.One thing we have discovered of particular note (at least to us), is that the heeding presumption is an area where the federal courts have run amok, ignoring their obligations under the Erie Doctrine to leave… [read post]
27 Jun 2023, 9:01 pm by renholding
The average percentage of votes cast for E&S proposals was 20% in 2023, compared to 37% in 2021.[32] Only 3% of E&S proposals received a majority of votes cast in 2023, compared to 23% in 2021.[33] C. [read post]
6 Jul 2022, 7:02 am by Bernard Bell
  This dynamic process, in which land was bought and sold, allowed property to flow to its “highest and best use. [read post]