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21 Mar 2014, 8:41 am
Still, my sense is that judges don’t use such harsh language, even hedged with “[i]f the facts alleged in the complaint are true,” unless they think that there’s something to the allegations. [read post]
20 Mar 2014, 8:54 pm by Lanigan
Your credit worthiness is still the number one consideration when evaluating the risk associated with a new loan. [read post]
20 Mar 2014, 11:08 am by Rebecca Tushnet
”The “faint” probative value here was dwarfed by the risk of unfair prejudice, confusion, and delay. [read post]
28 Feb 2014, 2:48 pm by Rebecca Tushnet
But in that case the factor is circular: the factor depends on likely confusion, but likely confusion is the question; we must be using some other principle to decide what risk level we’re tolerating. [read post]
28 Feb 2014, 10:06 am by Rebecca Tushnet
  It is a risk assessment.Final thought: Carol Rose on crystals and mud in propertylaw. [read post]
27 Feb 2014, 7:21 am
In Tuesday’s post, I discussed why we don’t know much about the comparative cost or quality of public vs. private prisons. [read post]
26 Feb 2014, 2:00 pm by Dennis Crouch
CHIEF JUSTICE ROBERTS: [W]hy shouldn’t we give some deference to the decision of the Court that was set up to develop patent law in a uniform way? [read post]
21 Feb 2014, 8:53 am
Supp. 1024, 1033 (D.N.J. 1988).The Kansas Supreme Court later expressly adopted the Spychala holding as part and parcel of the learned intermediary rule:[W]e adopt the ruling of Spychala and other similar cases. [read post]
19 Feb 2014, 9:57 am by Kelly Phillips Erb
As a result, most taxpayers are not eligible for this credit (don’t be fooled). [read post]
19 Feb 2014, 4:12 am
In doing so, courts don’t purport to decide what Islamic law actually requires, or risk taking sides in intradenominational debates (or other debates) within a religion (which would potentially endorse one or another religious view, or discriminate among religious observers). [read post]
18 Feb 2014, 6:44 am by Rebecca Tushnet
  Break the internet (don’t resolve the DNS): that’s a prior restraints. [read post]
17 Feb 2014, 5:14 am by Rebecca Tushnet
  Also doesn’t alleviate risks related to external recognition. [read post]
11 Feb 2014, 4:55 pm
For example, Adams cites the case of the last-minute revelation of George W. [read post]
14 Jan 2014, 9:51 am by Jacob Sapochnick
Don’t risk your career and ability to stay in the U.S. by relying on incompetent help! [read post]
14 Jan 2014, 9:17 am by Eugene Volokh
But that risk of error is present with all adjudication, and it’s better to run that risk than have a flat rule (e.g., “never consider foreign law”) that’s likely to handicap American economic relations with the rest of the world. 2. [read post]
11 Jan 2014, 1:43 pm by Kelly Phillips Erb
Taxpayers who don’t agree with the results of a timely requested CDP hearing have the right to petition the Tax Court for a review. [read post]