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2 Sep 2017, 11:56 am by Jane Bambauer
But at the same time, if we are comfortable punishing false statements in public debate for reputational harms, I don’t think that having judges/juries distinguish between anti-knowledge and (fully protected) contested knowledge would be aberrational or indefensible for physical harms. [read post]
7 Aug 2012, 10:14 am by Sandy Levinson
(My own preference would be a majority of Congress meeting collectively so as to limit the power of the indefensible Senate.) [read post]
Tonight, I say this to my Republican colleagues who are defending the indefensible: There will come a day when Donald Trump is gone, but your dishonor will remain. [read post]
22 Nov 2015, 5:25 pm
" Under such conditions Blackstone's characterization of the principle as "an absolute presumption of knowledge of the law" is indefensible. [read post]
1 Jun 2020, 7:53 pm
 Without the leased territories, the remaining land was indefensible and of marginal strategic value, and Britain decided to cede its own territory back to China at the time the lease for the rest ended. [read post]
3 Jun 2023, 7:02 am by Florian Mueller
The assertion that Microsoft has a 70% market share in cloud gaming is so unbelievably indefensible that the CMA will look very bad if that ap [read post]
6 Jan 2021, 7:10 am by Florian Mueller
I already mentioned in my first post this year about the EU's miserable failure to buy COVID-19 vaccines (as compared to the U.S., Canada, the UK, Israel, and Bahrain), primarily because the French government didn't want the EU to buy too many doses from non-French companies. [read post]
28 Jun 2018, 5:19 am by Quinta Jurecic
To be clear, this is not an endorsement on the merits of either Roberts’s or Kennedy’s approaches, or even of Jackson’s dissent, which a wise lawyer once described to me as “somewhere between incomprehensible and indefensible. [read post]
25 Jul 2016, 12:21 pm by Benjamin Wittes
Here’s an idea for a marriage of man and institution: Take a man who openly advocates criminal activity by American forces, who promises retaliation against his political enemies and against media that criticize him, who pronounces people guilty of crimes for which they have never been indicted despite lengthy investigations, and who scorns legal compliance as “political correctness. [read post]
8 Dec 2022, 5:55 am by Roger Parloff
On the other hand, the defense counsel’s blunderbuss strategy could also give the appearance that even they think Nichols’s ruling is indefensible. [read post]
21 Jun 2015, 10:00 pm by Jane Chong
  As Charles Kurzman and David Schanzer noted in a New York Times op-ed the day before the Charleston attack, such bias is particularly indefensible given the data: Attacks carried out by Muslim Americans account for 50 fatalities in the thirteen and a half years since 9/11, while plots by right-wing extremists have resulted in 254 fatalities between 9/11 and 2012. [read post]
10 Jul 2019, 1:06 pm by Sandy Levinson
”  To say that “in other words,” one-person, one-vote” is synonymous with the proposition that “each representative must be accountable  to (approximately) the same number of constituents” is indefensible as a matter of ordinary logic and syntax, though, of course, it is perfectly sensible in the Alice-in-Wonderland world of legal doctrine, where judges can offer de-facto “performative utterances” that by virtue of their own… [read post]
6 Nov 2017, 4:30 am by Bob Bauer
News coverage of Donald Trump’s recent pronouncements about the criminal justice system has centered on the question of norms. [read post]
13 Sep 2023, 12:04 pm by Neil H. Buchanan
  He would, in particular, not feel compelled to say obviously stupid things that are indefensible but are what Republican primary voters want to hear. [read post]
22 Jun 2015, 6:38 pm
" Under such conditions Blackstone's characterization of the principle as "an absolute presumption of knowledge of the law" is indefensible. [read post]
12 May 2017, 4:43 am by Benjamin Wittes
Even with these assumptions, the memo is indefensible. [read post]
16 Sep 2020, 3:06 am by Keith Mallinson
Following IEEE’s purported “clarification” and “update” of its Patent Policy in 2015, with a non-objecting Business Review Letter from the U.S. [read post]
15 Oct 2013, 1:54 am by Florian Mueller
While protective order violations have nothing to do with the merits of (non-)infringement and (in)validity arguments, it's a matter of perception, and Samsung is presumably afraid of future jurors reading about drastic sanctions against Samsung and/or its lawyers.I'm going to provide this update in three parts:Patentgate: Judge Koh apparently underwhelmed by Samsung's emergency motionLimited damages retrial: preparations on the home stretchSecond California case: summary judgment motions… [read post]
17 Apr 2014, 5:32 am by KC Johnson
’” Unmentioned at any point in Cohan’s book is the commentator’s own indefensible statements from early in the case, including this gem (30 March 2006): “You know, I don’t want to hear any ifs, and, or buts. [read post]