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21 Oct 2020, 2:21 pm by Ilya Somin
As co-blogger Eugene Volokh notes, a federal district court recently denied a motion to dismiss three of the claims made by the plaintiffs, including the takings claim. [read post]
21 Oct 2020, 12:43 pm by Eugene Volokh
[Officer Saqueta Williams had been on the DA's "Do Not Call [to Testify] List" because of alleged assault during an off-duty incident (as to which she was later acquitted)—she alleges the documentary falsely implied that she was on the list because she was "dirty and dishonest. [read post]
21 Oct 2020, 12:32 pm by Eugene Volokh
[Remember: Lawyers' true superpower is to turn every question into a question about procedure.] [read post]
21 Oct 2020, 5:01 am by Eugene Volokh
["In nearly all civil and criminal litigation ..., one party asserts that the allegations leveled against it by another party are patently false"; but "if the purported falsity of the complaint's allegations were sufficient to seal an entire case, then the law would recognize a presumption to seal instead of a presumption of openness. [read post]
20 Oct 2020, 5:32 pm by Eugene Volokh
The opinion is here; you can also see a long summary by Colin Kalmbacher (Law & Crime). [read post]
20 Oct 2020, 3:42 pm by Eugene Volokh
[Houses of worship, which the Colorado order labels "critical" institutions, must be treated at least as well as other critical institutions.] [read post]
20 Oct 2020, 3:21 pm by Eugene Volokh
[over allegedly false fact-checking "charging [Owens] with spreading misinformation about the Covid-19 pandemic on the internet in 'an attempt to downplay the severity' of the pandemic. [read post]
20 Oct 2020, 12:47 pm by Eugene Volokh
[Plaintiffs allege that Seattle affirmatively supported the Capitol Hill Occupying Protest (rather than just declining to stop it).] [read post]
19 Oct 2020, 11:30 am by Eugene Volokh
["Plaintiff would have his allegations litigated in a star chamber with a jury of ordinary citizens presumably barred from discussing the case after their service in a closed courtroom. [read post]
18 Oct 2020, 6:06 pm by Eugene Volokh
[Can't "define and express [your] identity" as your wife's husband, when she choose to identify you as her ex-husband.] [read post]
17 Oct 2020, 3:35 pm by Eugene Volokh
[Bonus fact: The majority opinion was written by a male judge, joined by three female judges (one of them a former sexual assault prosecutor). [read post]
17 Oct 2020, 1:45 pm by Eugene Volokh
World's worst superhero. pic.twitter.com/gkjElEVW6n — John pitchford???? [read post]
16 Oct 2020, 6:28 pm by Eugene Volokh
["[P]laintiff has ... made a sufficient showing that defendant has threatened his academic future in violation of his rights to equal treatment regardless of his sex .... [read post]
16 Oct 2020, 5:01 am by Eugene Volokh
[A federal judge makes it clear: "the consumption of alcohol at a party does not vitiate journalistic intent"; hard-drinking reporters are as covered by the journalist's privilege as the abstemious. [read post]
15 Oct 2020, 4:39 pm by Eugene Volokh
[An attempt to protect litigant privacy meant that binding precedent was vanished from Westlaw.] [read post]