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5 Dec 2024, 10:38 am by Joe Mullin
  take action Tell Congress We Don't want a weaponized court system The Free Speech Protection Act is a long overdue tool to protect against the use of SLAPP lawsuits as legal weapons that benefit the wealthy and powerful. [read post]
17 Oct 2018, 2:45 pm
As much as we might crave more civility and truthfulness online, we can surely agree that we dont want to live in a country where vehement political opinions involving no imminent threats are subject to litigation. [read post]
20 Jun 2012, 5:00 am by Steve McConnell
If the defendant can't independently act immediately, then it can't comply with both requirements and there's impossibility preemption. [read post]
6 Dec 2009, 9:41 am by michael a. livingston
(When Dershowitz became an expert on Italian law, I don't know.) [read post]
6 Mar 2008, 3:53 am
Take a look at Bailey v Monaco Coach (ND Ga 2004), 350 F.Supp.2d 1036.And when the defendant argues that the recall is hearsay, don't forget that you can argue that it is actually admissible as an admission by the defendant so it isn't really hearsay at all. [read post]
29 Sep 2010, 7:02 am by Will
We know we will be fighting tooth and nail to explain to the judge and jury why the evidence should be excluded or ignored. [read post]
1 Aug 2010, 6:38 pm by Mark Bennett
Sure, they say it is, and the rules and caselaw even agree with them, but prosecutors don't know any better than the rest of us—which is to say "at all"—what justice is, and if they don't know what justice is, they can't seek it. [read post]
16 Mar 2015, 5:00 pm
As these cases reveal, these are often emotional outbursts uttered in the heat of the moment, and they don't reflect the defendant's true intent. [read post]
9 Jan 2018, 12:45 pm by Kevin
          Related StoriesHeroic Legislator Defends Right to Public SwearingNo, You Don't Have to Swear an Oath to Hold Public OfficeSupreme Court Won't Hear Louisiana Spouse-Swapping Case  [read post]
23 Sep 2007, 7:07 am
But I don't feel nearly so bad for him as I did for my last murder defendant. [read post]
7 Sep 2010, 8:12 am by Jeff Gamso
(The Ohio River isn't the Atlantic, and Cincinnati doesn't have too many whalers docking in its ports.) [read post]
2 Jun 2008, 5:00 am
We don't like to lose that preemption issue -- heck, we don't like to lose any issue -- but we can live with this.First, McDarby is a New Jersey state appellate court speaking to an issue of federal law. [read post]
21 Jan 2022, 3:26 am by Florian Mueller
I am in favor of reasonably strong antitrust enforcement, but I don't think unilateral conduct should just be imported into Sec. [read post]