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30 Oct 2020, 1:40 am
David Smith of JMW Solicitors has said This approach flies in the face of the new structures created around the re-opening of the courts for possession. [read post]
29 Oct 2020, 9:01 pm
So even if we’re correct in our ultimate conclusion ‒ but especially if we’re not ‒ the extended Ashwander principle provides strong reason to simplify things and enjoin the 2017 tax repeal to avoid this entire inquiry.The General Doctrine of SeverabilitySeverability becomes an issue in California v, Texas if the Court finds: (1) that plaintiffs have standing; (2) that the word “shall” in the insurance requirement became obligatory after 2017;… [read post]
29 Oct 2020, 4:00 am
.: suggesting something is more meaningful than it is, to trade it for something else later); imply they don’t have the authority to agree (e.g.: client needs to talk to someone else); increase the stressfulness of the negotiation so the other side will give in (e.g.: manipulate the physical environment to make it uncomfortable); use the good-guy / bad-guy routine with the client or a colleague; make threats and ultimatums, assuming it does not violate Rules 3.2-5 and 5.1-2(n) (e.g.:… [read post]
29 Oct 2020, 3:09 am
As always, the great music you hear on the podcast is from Jerry David DeCicca. [read post]
28 Oct 2020, 5:00 pm
The republic didn’t collapse, and it won’t do so, at least not from listening to heterodox views. [read post]
26 Oct 2020, 4:41 pm
And we’re worried, especially when we look abroad. [read post]
26 Oct 2020, 11:18 am
[xxxi] When parties to contracts operate consistently with their contracts’ express terms, we don’t usually call it “theft”; we call it “performance. [read post]
24 Oct 2020, 3:42 pm
Principle #1: Human beings are not consistently rational actors Technology and the Virtues is such an important book, in part, because it re-centers the technology / ethics conversation on human beings, rather than on technology. [read post]
24 Oct 2020, 5:40 am
New York Times columnist David Brooks offers a leap of logic at The Atlantic, comparing the aging Bruce Springsteen to Joe. [read post]
24 Oct 2020, 4:55 am
It’s unfortunate that Michael Sokolove can’t resist the impulse to prove his woke manliness up top, when arguing that if the vote were left to white men, Roy Moore and David Duke would be the sort of people elected. [read post]
23 Oct 2020, 11:41 am
We’re advised not to do this when we’re young. [read post]
23 Oct 2020, 4:20 am
It would suck all the clout out of the omnipotent Google, but then we’re left with the electric company. [read post]
22 Oct 2020, 3:09 am
As always, the great music you hear on the podcast is from Jerry David DeCicca. [read post]
22 Oct 2020, 2:00 am
” David L. [read post]
18 Oct 2020, 3:33 am
Now we’re white supremacists, klansmen sans hoods, for having fought for equality, which isn’t nearly good enough to sate cutting edge progressives like Stern. [read post]
16 Oct 2020, 10:25 am
David Bernstein, Debevoise & Plimpton: we don’t give controlling authority to dictionary meaning or previous generic use. [read post]
15 Oct 2020, 4:39 pm
But such partial vanishing of binding caselaw, I think, can't be right, for reasons that Nebraska lawyer David Alan Domina, Prof. [read post]
15 Oct 2020, 3:26 am
As always, the great music you hear on the podcast is from Jerry David DeCicca. [read post]
14 Oct 2020, 2:17 pm
And I don’t even care about the ending, even though the playoffs are ongoing. [read post]
14 Oct 2020, 11:10 am
Unfortunately, even that combination isn’t proving fatal, and I wonder whether Microsoft’s creative lawyering has gone a step too far. [read post]
