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27 Dec 2022, 3:08 pm by Eugene Volokh
School Dist. (1969); the court noted that public K-12 schools may punish student for speech (even when that speech couldn't be criminally punished by the government acting as sovereign, and went on to say: [W]e readily conclude that the First Amendment would not prevent a school from punishing the sort of speech at issue here had it "occur[red] under [the school's] supervision. [read post]
4 May 2012, 7:31 am by Robert Chesney
As I noted on Tuesday, Adis Medunjanin was convicted this week in connection with the NYC subway bombing plot. [read post]
3 Sep 2015, 6:36 am
[w]ere ambiguous, and the Court d[id] not find that they [we]re”); James T. [read post]
31 Mar 2010, 1:58 pm
Moreover, "[w]hen the parties raise an actual dispute regarding the proper scope of these claims, the court, not the jury, must resolve that dispute. [read post]
17 Sep 2009, 4:30 am
McNeil Laboratories, Inc., 807 F.2d 464 (5th Cir. 1987). [read post]
10 Feb 2023, 4:44 am by admin
Putting aside the idiosyncratic chapter by the late Professor Berger, most of the third edition of the Reference Manual presented guidance on many important issues. [read post]
17 Oct 2013, 5:00 am by Bexis
For some reason, we recently found ourselves comparing our favorite defenses to our favorite rock bands. [read post]
2 Jun 2011, 12:46 pm by Bexis
It was the last blank space on the legal map – the only state with no precedent whatsoever. [read post]
5 Jul 2008, 11:05 am
Here is IP Think Tank’s weekly selection of top intellectual property news breaking in the blogosphere and internet. [read post]
7 Nov 2014, 5:52 am
We’ve made no secret of our distaste for the so called “heeding presumption” – that juries may presume that any alternative “adequate” warning would have been heeded by the plaintiff (or, in prescription medical product cases, the prescriber). [read post]
19 Sep 2013, 9:53 am by Bexis
The following post is exclusively the work of the Reed Smith side of the blog.Sometimes the smallest, least significant type of lawsuit can illustrate cracks in the edifice of the largest, most consequential litigation. [read post]
25 Jan 2007, 12:48 am
The language used by the New York Court of Appeals is representative:[W]e must, most importantly, determine the consistency of [negligence per se] with the purposes underlying the legislative scheme. [read post]