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14 May 2023, 6:00 am by Lawrence Solum
  For example, Alice's shooting Ben through the heart is not truly sufficient, by itself, no matter what other conditions obtain, to cause Ben's death. [read post]
12 May 2023, 6:54 pm by Russell Knight
“[T]estimony cannot control the effect of the deed upon the joint tenancy but that issue must be determined as a matter of law. [read post]
12 May 2023, 1:15 pm by Greg Lambert
This has a multitude of effects ranging from flooding courts with more and more cases, to overwhelming defense firms and corporations with a much higher litigation matters, to making working at plaintiff’s firms more attractive to associates who don’t want to work the number of hours they would need to do in BigLaw firms. [read post]
12 May 2023, 11:45 am by Ben Sperry
Farber put it in 1991: [B]ecause information is a public good, it is likely to be undervalued by both the market and the political system. [read post]
12 May 2023, 7:49 am by Cyberleagle
I cannot see off-platform (or for that matter off-internet) information. [read post]
12 May 2023, 3:00 am by Annsley Merelle Ward
   The law A reminder for all those Kats who don't spend their days in copyright and source code, that indeed copyright can subsist in source code and object code, as well as parts of the design or structure of a computer program that are indicative of the creativity and skill of an author. [read post]
11 May 2023, 9:00 pm by Vikram David Amar
(As is true in Gerber’s case, Kilborn’s dispute involves claims that go beyond the First Amendment, but for present purposes I focus on the latter.)Gerber’s apparent beef—that a public employer has punished him for his speech on matters of public concern—is not super novel, and the federal courts have a relatively well-established doctrinal framework for dealing with such matters. [read post]
10 May 2023, 6:02 am by Michael C. Dorf
DorfAt his impromptu press conference after meeting with congressional leaders yesterday, President Biden said that he's "thinking about" Section 4 of the 14th Amendment as a Plan B in the event that no legislation raises or suspends the debt ceiling in the next few weeks, adding that he had come to that view because of the view recently expressed by Prof Laurence Tribe, who has long advised him on constitutional matters. [read post]
10 May 2023, 5:16 am by Chris Mirasola
But as a legal matter, they both uncorked nearly unrestricted, easy access to military personnel for the southern border. [read post]
10 May 2023, 4:05 am
Others are titles of books, or emblazoned in an ornamental manner on t-shirts or artwork. [read post]
9 May 2023, 9:01 pm by renholding
Directors as a matter of course should have robust information about the independence and aims of director nominees before recommending a vote for or against their candidacy.[5]  Once in possession of such information, directors “have a fiduciary duty to disclose to the shareholders the available material facts that would enable them to make an informed decision[.] [read post]
9 May 2023, 1:52 am by David Pocklington
Consequently, in response to the question “They bury (and burn) altars, don’t they? [read post]
8 May 2023, 11:43 pm by Roel van Woudenberg
As detailed below, the Enlarged Board's basic reasoning used in arriving at its final conclusion is quite general and unrelated to any general emergency considerations.1.6 In a recent case, the view has been expressed with regard to Article 15a RPBA 2020 that the exercise of discretion in deciding on the format of the oral proceedings was to be based on the criterion of the "appropriateness" of the format only - as set out in that provision -, and that no further criteria are binding… [read post]
8 May 2023, 9:01 pm by Neil H. Buchanan and Michael C. Dorf
The debt ceiling statute is a bad idea, but it was not sloppily drafted.In its current form, the debt ceiling statute (31 USC § 3101: Public debt limit) in subsection (b) puts an aggregate limit on “[t]he face amount of obligations issued under this chapter and the face amount of obligations whose principal and interest are guaranteed by the United States Government. [read post]