Archived Pages

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Monday, January 18, 2021

State tort claims act disallows claim of 911 negligence

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Plaintiffs in a fatal stabbing could not overcome sovereign immunity in alleging negligent delay of emergency response, the Massachusetts Ap...
Wednesday, January 13, 2021

'Seminal' South African defamation case instructs on limited remedial reach of American speech torts

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A politician prevailed in defamation against a critic who accused him of nepotism in a South African Supreme Court of Appeal case that a me...
Monday, January 11, 2021

Uber suffers high court loss, but binding arbitration, blanket disclaimers still devastate consumer rights

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Image by Mike Lang CC BY-NC-SA 3.0 Signs of life were spotted on the dead planet of consumer rights in click-wrap agreements. But don'...
Sunday, January 10, 2021

What goes around comes around: U.S. election cycle, Capitol riot draw 'banana republic' gibes

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Seth Doane has an excellent piece out today ( Facebook , YouTube , and embed below) on foreign perspectives on the Capitol riot, insurrecti...

State DA cannot shield FBI records from public disclosure under federal FOIA exemption

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The federal Freedom of Information Act cannot be used to block public access to FBI records in the hands of state law enforcement, the Massa...
Saturday, January 9, 2021

Confessions of a Gina Raimondo fanboy

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R.I. Gov. Gina Raimondo (2017) Photo by Kenneth C. Zirkel CC BY-SA 4.0 Well maybe there's not much to confess.  Searching this blog , I...
Tuesday, December 22, 2020

First Amendment jedi 'Luke Skyywalker' turns 60, recounts storied battles for equality, liberty

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My daughter co-directed this promotional video , published yesterday, for the multi-talented Jerrika Karlae . I like hip-hop and rap, but n...
Monday, December 21, 2020

Law students ponder litigant Trump

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(Cross-posted at Trump Litigation Seminar and The Savory Tort .) In the fall semester, I had the privilege of exploring Trump litigation i...
Wednesday, December 16, 2020

Mass. anti-panhandling law violates First Amendment

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Flickr by Alex Proimos CC BY-NC 2.0 The Massachusetts Supreme Judicial Court yesterday struck down a state anti-panhandling statute as a ...
Monday, December 14, 2020

Emergency orders survive constitutional scrutiny; Mass. Court cites Korean War, smallpox cases

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The Massachusetts Supreme Judicial Court (SJC) ruled Thursday that pandemic emergency orders of the Commonwealth Governor were valid under t...