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5 Mar 2013, 9:25 am
, Law at the End of the Day, Jan. 7, 2013. [read post]
26 Feb 2021, 9:14 am
In the online context, passivity is usually a nonsensical legal standard because few online activities are truly “passive” in the lay sense of the term. [read post]
5 Oct 2015, 8:01 pm
Working style in this sense has been the subject of both the foundational paragraphs (¶¶ 1-8) and those establishing the CCP's line (¶¶ 9-13). [read post]
13 Feb 2014, 9:01 pm
The Court’s focus was no longer on whether a law disadvantaged racial minorities or women, but rather on whether the challenged law employed a racial or gender classification. [read post]
8 Oct 2010, 6:58 am
In such cases, all that is necessary is that the facts withheld be material in the sense that a reasonable investor might have considered them important to his or her investment decision. [read post]
4 May 2012, 3:13 am
”Judge Jeffrey Sutton of the Sixth Circuit, a former law clerk for Justice Scalia and also one of the conservative intellectual leaders on the bench, likewise urged judicial restraint. [read post]
30 Nov 2010, 3:59 am
The Circuits have tried to figure it out on their own, with, shall we say, mixed results: The Fourth, Sixth, Tenth, and D.C. [read post]
30 May 2011, 10:27 am
The Sixth Circuit has defined “non-trademark” use as truthfully describing a past association with another trademark owner. [read post]
5 Dec 2011, 12:27 pm
Neither does the Sixth Amendment incorporate New York evidentiary law. [read post]
20 Oct 2011, 6:18 pm
Call the CFRecord after last week’s Conference an “anticipatory relist” since it means the case will be considered at a future conference, and obviously with both a CFR and a CFRecord, somebody’s Spider Senses are tingling on this one. [read post]
12 Apr 2015, 9:08 pm
Windsor, striking down a key part of a federal law that denied federal marital benefits to same-sex couples who already were married under state laws allowing such unions. [read post]
29 Mar 2012, 3:20 am
In Alabama, the state law that matters in Owens, the age of consent is generally 16. [read post]
29 Dec 2016, 6:41 am
Or the law. [read post]
26 Dec 2024, 9:24 pm
I sense there is some sort of "officer" issue at play. [read post]
Terrorist Surveillance Program . . . Never Mind? Or New and Improved (and "Complex and Innovative")?
17 Jan 2007, 11:17 am
Court of Appeals for the Sixth Circuit in two weeks. [read post]
23 Jul 2015, 3:05 pm
* As we have noted many times on this blog, the further down this road we go, the more obvious it will become that common sense was right and the glossy reports were wrong. [read post]
21 Nov 2008, 5:38 pm
More critically, Ben sensitized me to the distinct ethical dilemmas presented institutionally to criminal defense counsel and ALWAYS taught me (AND CONTINUOUSLY REINFORCES THE NEED) to uphold and exceed our profession's highest ethical/legal standards.Practicing criminal law in the federal courts places these dedicated, tenacious professionals in legal jeopardy merely by discharging their duties oaths, and obligations to the Sixth Amendment of the US Constitution,… [read post]
11 May 2012, 3:10 am
In this case, the message is aimed at law enforcement: If you have a badge, your crime may result in life imprisonment. [read post]
19 Dec 2019, 11:59 pm
Earlier case law is extensively discussed, including arguments for the various possible conclusions. [read post]
20 Sep 2019, 8:00 am
Question: In reading this book one cannot help but notice a genuine sense of the need for civic virtue. [read post]
