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31 Aug 2021, 2:50 pm by Eugene Volokh
Fla. 2013), the court explained that defamation claims can be proven in either of the following ways: (1) defamation per quod, which "requires an additional explanation of, or an interpretation of innuendo suggested by the words used to demonstrate the defamatory meaning or that the plaintiff is the subject of the statement[,]" or (2) defamation per se, which "does not require any additional explanation in order to prove the defamatory nature of the… [read post]
30 Aug 2021, 8:46 am by Bryce Klehm, Rohini Kurup
Wednesday, Sept. 1, at 1:00 p.m.: Lawfare will host a Lawfare Live event on the constitutionality of vaccine mandates. [read post]
23 Aug 2021, 3:18 pm by Eugene Volokh
City of Colorado Springs, written by Judge Gregory Phillips and joined by Chief Judge Timothy Tymkovich: VDARE describes itself as a nonprofit organization that educates the public on two main issues: (1) the unsustainability of current U.S. immigration policy, and (2) the United States' ability to survive as a nation-state. [read post]
19 Aug 2021, 10:24 am by Anoush Baghdassarian, Todd Carney
That same day, Pentagon spokesman John Kirby said the U.S. military was working toward its goal of evacuating a maximum of 5,000 to 9,000 people a day. [read post]
19 Aug 2021, 4:36 am by Chukwuma Okoli
This is because it is settled law that the proceedings and judgment of a court which lacks jurisdiction result in a nullity[1]. [read post]
17 Aug 2021, 5:09 pm by Eugene Volokh
On the other side is a deeply unsympathetic John Doe defendant ("Doe") who posted a series of vulgarity-filled messages on Instagram in an attempt to persuade college students to attend maskless COVID-19 parties during the peak of the first wave of the pandemic, whose answer was stricken for litigation misconduct, who stopped participating in this action after his answer was stricken, and whose identify was never discovered during subsequent proceedings. [read post]
17 Aug 2021, 3:13 pm by Michael Lowe
”  The options are to plead: (1) guilty; (2) not guilty; or (3) nolo contendere (with judicial approval). [read post]
17 Aug 2021, 9:18 am by Eugene Volokh
Generally speaking, a statement isn't libelous if it (1) quotes or refers to an accurate factual assertion, and then (2) expresses an opinion that's clearly based on that assertion (rather than on undisclosed facts that the speaker claims to know). [read post]
12 Aug 2021, 10:18 pm by Josh Blackman
CEEFPA Part A §§ 4-6, 8; CEEFPA Extension §§ 2-3. [read post]
11 Aug 2021, 10:57 am by Will Baude
Maybe he was, maybe he wasn't. 2, That said, I see some ambiguities in Marshall's position. [read post]
10 Aug 2021, 2:58 pm by Josh Blackman
Conviction by the Senate requires 2/3 of the members present (a quorum being present). [read post]
10 Aug 2021, 8:48 am by fjhinojosa
, Lubbock Avalanche-Journal (May 23, 2021; 3:00am) https://www.lubbockonline.com/story/opinion/2021/05/23/its-debatable-does-america-really-need-political-parties/5163890001/ Citations 1. [read post]
9 Aug 2021, 3:27 pm
  And a third-party beneficiary can show consent by: (1) filing suit; (2) its course of conduct; or (3) accepting through its agent.4 Zen-Noh did not consent in any of these ways. [read post]
6 Aug 2021, 4:00 am by Jim Sedor
MSN – Isaac Stanley-Becker and David Fahrenthold (Washington Post) | Published: 8/1/2021 Save America, the leadership PAC where former President Trump is asking loyalists to direct their political contributions, paid for lodging about two dozen times in the first six months of 2021. [read post]