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22 Apr 2024, 5:00 am
Trump, supra, 928 F. 3d at 236, focusing on whether the social media site functions as a “tool of governance” “swathe[d] in the trappings of [the official’s] office,” see, Davison v. [read post]
9 Apr 2024, 2:41 pm
Opportunity (Ewers, McGillis, and Hutton) (3 Dec. 2015), aff’d McGillis v. [read post]
8 Apr 2024, 10:08 am
As a practical matter, the burden shifts to the party that wishes to challenge the relied upon facts and data to learn more about the cited studies to show that the facts and data are not sufficient under Rule 702(b), and that the testimony is not the product of reliable methods under Rule 702(c). [read post]
3 Apr 2024, 4:08 pm
When expert witnesses rely upon one or a few studies, which telegraph internal validity, this litigation strategy may provide the strongest evidence against the study’s being reasonably relied upon, or its providing “sufficient facts and data” to support an admissible expert witness opinion. [1] Daubert v. [read post]
25 Jan 2024, 6:32 am
Just last week, on Jan. 16, Judge William G. [read post]
16 Jan 2024, 11:33 am
DeJoy and Students for Fair Admissions, Inc. v. [read post]
9 Jan 2024, 12:05 pm
Lawrence B. [read post]
2 Jan 2024, 2:13 am
ATTORNEY’S FEES ■Jose Parra, Applicant v. [read post]
1 Jan 2024, 12:32 pm
Elérí Ípin, Ìbikeji Olódumarè, A-je-jù-Oògùn, Obìriti, A-p'ijó-ikú-da, Olúwa mi, A-to-i-ba-j'ayé, Òrò à-bi-kú-j'igbo, Olúwa mi, Ajiki, Ógégé a-gb'ayé-gún; Odúdú ti nídú orí emèrè;… [read post]
4 Dec 2023, 3:06 pm
Music Matters One Song, Two Copyrights Trying to determine the public domain status of music can present another trap for the unwary. [read post]
20 Nov 2023, 3:55 am
Common Sense Press Inc. d/b/a Pocket Jacks Comics v. [read post]
19 Sep 2023, 10:30 pm
“Fondements mêmes de l’ordre juridique communautaire”; Kadi, para. 304) comprise today: a) the primacy of the EU law that undergirds the autonomy of the law of integration; b)institutional balance established by the Treaties; c) the judicial review and the Court’s function of the guardian of Union legality under Article 19 TEU; d) the protection of fundamental rights; e) liberty; f) democracy; g) rule of law. [read post]
4 Sep 2023, 2:46 pm
John L. [read post]
25 Aug 2023, 6:22 pm
Dec. 6, 2022); see also Horwin v. [read post]
19 Jul 2023, 9:05 pm
The Securities and Exchange Commission regulations on climate disclosure, first proposed in March 2022 and likely to be issued in final form in October 2023,[1] have drawn considerable controversy and face an uncertain fate in the inevitable litigation.[2] Much less attention has gone to two bills that are moving toward adoption in California. [read post]
5 Jul 2023, 3:51 am
In Chewy v. [read post]
7 Jun 2023, 8:30 am
OMB/OIRA should consider adding to Section 7(g) a structured process—a checklist, and a template table—for agencies to enumerate potential additional impacts, both positive and negative. [read post]
5 Jun 2023, 6:00 am
E, F, G). [read post]
5 Jun 2023, 6:00 am
E, F, G). [read post]
14 May 2023, 6:56 pm
" The analysis centers political ideology and its formal expression through law, regulation, guidance, and operational supervision (theory does matter in this context, perhaps a lot). [read post]