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14 Aug 2011, 9:11 am by Schachtman
  Merrell challenged Swan’s unpublished, non-peer-reviewed re-analyses as not “generally accepted” under the Frye test. [read post]
8 Aug 2020, 4:23 am by Schachtman
Beshada’s refusal to consider the industrial context of asbestos claims, with the usual involvement of sophisticated employers charged with providing a complex safety program for its workers, became the judicial norm in many decisions in state and federal courts. [read post]
30 Jul 2020, 7:14 am by Kristian Soltes
Legal and Regulatory Developments SPOTLIGHT: Durbin Asks Fed Chairman for ‘Appropriate Enforcement Action’ Involving Debit Card Transaction RoutingDigital Transactions News – July 28, 2020 (click here for Sen. [read post]
11 Sep 2015, 3:23 pm by Schachtman
Law reviews are not peer reviewed, not that peer review is a strong guarantor of credibility, accuracy, and truth. [read post]
22 Jan 2009, 2:06 am
A lot of what follows is taken in more or less edited form from the amicus brief that Bexis filed with the California Supreme Court in Conte - a copy of which we're making available, here.One major problem with Conte is that the court placed form over substance. [read post]
9 Jan 2014, 1:37 pm
., 2010 WL 3034453, at *22 (N.J. [read post]
29 Dec 2016, 2:18 pm by Michael S. Levine
Co. of Pittsburgh, 224 N.J. 189, 129 A.3d 1069 (2016) Click here for Hunton Insurance Recovery Blog Post. [read post]
5 Aug 2010, 1:07 pm by James R. Marsh
Finding it would serve no public purpose, the master recommended that none be re-tried.[13] That meant 4,500 cases of children appearing in that court from 2003 to 2008.[14] On October 29, 2009, the Pennsylvania Supreme Court agreed. [read post]
23 Jun 2014, 12:57 pm by Schachtman
ITERATIVE DISJUNCTIVE SYLLOGISM Basic propositional logic teaches that the disjunctive syllogism (modus tollendo ponens) is a valid argument, in which one of its premises is a disjunction (P v Q), and the other premise is the negation of one of the disjuncts: P v Q ~P­­­_____ ∴ Q See Irving Copi & Carl Cohen Introduction to Logic at 362 (2005). [read post]
24 Feb 2017, 11:51 am by Mark Walsh
The case in front of Neil Gorsuch presented “an interesting constitutional question,” as he put it. [read post]
8 Sep 2022, 5:35 am by Jack Goldsmith
If so, they may publish if they know they're protected by the "actual malice" standard, but refrain from publishing if they are subject to the negligence standard. [read post]
20 Sep 2014, 11:07 am by Schachtman
., Scafidi v Seiler, 119 N.J. 93, 113, 574 A.2d 398 (1990) (apportionment is a traditional jury function). [read post]
25 Jul 2023, 7:39 am by Eugene Volokh
Jacobson, 6 F.3d 233, 238 (4th Cir. 1993); In re Sealed Case, 931 F.3d 92, 97 (D.C. [read post]
13 Apr 2023, 7:11 am by Eugene Volokh
I thought I'd pass along a long excerpt from this amicus brief, which my students Samantha Frazier, Katelyn Taira, and Jacob Haas and I wrote on behalf of the First Amendment Coalition and myself; for more on the decision below, which indeed rejected pseudonymity, see here. [* * *] Summary of Argument John Doe is trying to punish Jane Doe … for accusing him of sexual assault. [read post]
15 Sep 2011, 5:00 am by Bexis
A reader recently recommended that we take a look at Rounds v. [read post]
20 Jan 2012, 2:00 am by Steve Lombardi
You can’t win a lottery without turning in a ticket. [read post]
17 Sep 2009, 4:30 am
A couple of cases we've posted about recently started us thinking - a dangerous turn of events, we know. [read post]