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10 Jul 2023, 9:44 pm by David Oscar Markus
  I've said from the beginning that I don't think this case can or will be tried before the election. [read post]
10 Jul 2023, 7:28 pm by Michael Lowe
  If what they have to say isn’t significant, they would not be called to the witness stand. [read post]
10 Jul 2023, 5:01 am by Eugene Volokh
[T]he First Amendment "does not preclude * * * threatening social ostracism or vilification to advocate a political position. [read post]
9 Jul 2023, 8:59 am by David Yamada
Although originally I wasn’t confident that such a session would resonate with my students, these discussions have been lively, thoughtful, and interactive. [read post]
8 Jul 2023, 9:14 am by Eugene Volokh
It's highly unlikely, as an initial matter, that the plaintiffs could show that the Act lacks a rational basis. [read post]
8 Jul 2023, 8:32 am by David Post
Smith might never get her website up and running, or that (b) same-sex couples would never actually request her services, or that (c) she would discourage—strongly—said couples, but not actually refuse them service. 1. [read post]
6 Jul 2023, 9:00 am by Dennis Crouch
Section 171(b) says that this requirement of novelty applies to designs. [read post]
6 Jul 2023, 8:10 am by Alex Phipps
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on July 5, 2023. [read post]
The Hiring Manager’s Dilemma Because both employees have the same relevant skills, it shouldn’t really matter whether those skills came from hard work or the luck of the draw, should it? [read post]
5 Jul 2023, 11:46 pm by David Pocklington
The matter was ‘resolved’ by the Marriage Act 1836 which introduced what we now call “civil weddings”. [read post]
5 Jul 2023, 7:45 am by Daniel M. Kowalski
I believe it matters greatly whether the rule is considered a bar or a presumption. [read post]
5 Jul 2023, 3:51 am by Bernard Bell
  At least OSHA appears to have so concluded.[9] Thus, a general requirement of reasonableness, similar to that predominant in tort law with regard to accidental injuries, may be warranted.[10] B. [read post]
1 Jul 2023, 8:10 am by Michael C. Dorf
[N.B. from Mike: Blogger inserts my name above because I'm hosting this guest post, but it was written by today's special guest contributor, Professor David B. [read post]
30 Jun 2023, 10:41 am by Florian Mueller
But if the closing argument is any indication, Judge Corley--no matter what her conclusion regarding that proposed market may be--is not going to stop there even though she could if she wanted to. [read post]