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9 May 2018, 4:09 pm
In such circumstances, suppression can do little to deter police misconduct, and the "social costs" of suppression – the exclusion from trial of reliable evidence bearing on guilt or innocence – outweigh any deterrence benefits. [read post]
11 Sep 2009, 2:47 am
Ct. 999 (2008), established a broad preemption defense for this type of device.What you had in O'Shea, after the trial judge got done with the various motions to dismiss, was a partial dismissal of everything except express warranty and parallel violation claims. [read post]
1 Jun 2010, 6:15 am
Co. (1996) 50 Cal.App.4th 987, 999-1000; Las Palmas Associates v. [read post]
2 May 2014, 12:28 pm
Texas, 13-999, and Gomez v. [read post]
26 Jun 2008, 6:31 pm
Dow Agrosciences LLC, 544 U.S. 431 (2005):In undertaking a pre-emption analysis. . ., a court should bear in mind the concept of equivalence. [read post]
29 Jan 2024, 4:35 pm
Pix credit hereCates 1980 has distributed its February 2024 Report. [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]
21 Apr 2011, 1:36 pm
Rather “generic manufacturers bear the same burden as brand manufacturers of providing a warning that adequately describes the risks associated with the particular drug they are manufacturing. [read post]
31 May 2023, 2:01 pm
Previously arcane arguments over the constitutionality of the public debt limit now make headlines.[1] At the same time, debate swirls around whether the President of the United States has the constitutional authority, resting on Section Four of the 14thamendment, to ignore the debt limit. [read post]
23 Oct 2008, 9:03 am
In re Farm Raised Salmon Cases, 175 P.3d 1170, 1175, 1178, 1181-82 (Cal. 2008).As far as §343-1(a) is concerned, maybe the salmon makers get eaten by the bears - or maybe not - it's not our fight. [read post]
12 Sep 2017, 11:12 pm
Yesterday, Apple introduced the 2017 versions of the iPhone. [read post]
16 Jan 2012, 9:47 am
” Yale Law Journal. 98 (1989) : 999-1067. [read post]
30 Jul 2009, 4:16 am
Ct. 999, 1011 (2008). [read post]
17 Sep 2009, 4:30 am
Ct. 999 (2008) - and elsewhere. [read post]
28 Apr 2013, 6:51 am
Supp. 2d 999, (D. [read post]
8 Sep 2022, 5:35 am
[Jack Goldsmith and I will have an article out about the Dormant Commerce Clause, geolocation, and state regulations of Internet transactions in the Texas Law Review early next year, and I'm serializing it here. [read post]
26 Mar 2023, 8:53 am
Battaglia, 779 F.2d 992, 999 (4th Cir. 1985) (holding a blackface performance is protected First Amendment expression, even when it is "sheer entertainment" without a political message). [read post]
6 Feb 2022, 1:30 pm
Enforcement of a Foreign Judgment Action in the Superior Court in Connecticut Seeking to Enforce the California Judgment Default Judgment in California Personal Jurisdiction Due Process Clause Nonsignatory to a Contract Bound by a Forum Selection Clause Contained Therein? [read post]
19 Jul 2017, 3:00 pm
Atkins, 999 F.2d 99, 100 (5th Cir. 1993). [read post]
2 Dec 2019, 7:52 am
December 1, 2019New Website for LawyersTrial of a New York Matrimonial and Custody Action (www.nysdivorce.net) deals with the trial of a New York matrimonial and custody action. [read post]
