| Author | Title | Citation | Summary | Year | Key Terms |
| Zahra N. Mian |
Black Identity Extremist or Black Dissident?: How United States V. Daniels Illustrates Fbi Criminalization of Black Dissent of Law Enforcement, from Cointelpro to Black Lives Matter |
21 Rutgers Race & the Law Review 53 (2020) |
In August 2017, the Federal Bureau of Investigations (FBI) released an intelligence assessment asserting the resurgence of a domestic terror threat to law enforcement: Black Identity Extremist (BIE) ideology. According to the assessment, BIE is rooted in perceptions of alleged police brutality amongst the African American community. The FBI... |
2020 |
Most Relevant |
| Eric S. Roth, Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A. |
Black Lives Matter Apparel at Work Evokes Legal, Business, Social Concerns |
1No.10 Southeast Employment Law Letter 1 (10/1/2020) |
The Black Lives Matter (BLM) movement has sparked significant emotion in the past few months. Ever since the NBA season restarted, TV viewers are seeing the phrase emblazoned on the courts and on some players' jerseys. What you won't see on TV are the large employers that have faced significant backlash for attempting to prohibit employees from... |
2020 |
Most Relevant |
| Nwando Anwah |
Black Lives Matter on Juries Too |
44 Journal of the Legal Profession 293 (Spring, 2020) |
In 1996, Curtis Giovanni Flowers was accused of murdering four people at a furniture store in Winona, Mississippi. Since then, he has been tried an astonishing six times for the same alleged crimes--all of which have ended in mistrial or convictions that were reversed on appeal. He was first convicted in 1997, and in five out of the six trials, the... |
2020 |
Most Relevant |
| Christopher E. Smith |
Blue Lives Matter Versus Black Lives Matter: Beneficial Social Policies as the Path Away from Punitive Rhetoric and Harm |
44 Vermont Law Review 463 (Spring, 2020) |
Introduction. 463 I. Counterreaction: Origins and Outcomes. 464 A. The Origins of Two Organizations. 464 B. The Policy Response: Punitive Laws. 467 II. Beneficial Policies: Getting Serious About Protecting and Supporting Police Officers. 470 A. Resources. 471 B. Public Policy. 474 C. Respecting Black Lives Matter. 480 Conclusion. 489 |
2020 |
Most Relevant |
| Marty Johnson |
Bowser Addresses Record Crowd at Black Lives Matter Plaza |
The Hill (6/6/2020) |
Washington, D.C., Mayor Muriel Bowser (D) joined tens of thousands of protesters downtown Saturday as people around the country came out en masse to protest the police killing of George Floyd and demand systemic change. |
2020 |
Most Relevant |
| Alex Zhang |
Damnatio Memoriae and Black Lives Matter |
73 Stanford Law Review Online 77 (September, 2020) |
Police brutality and killings of Black Americans have recently sparked nationwide protests. Among the many expressions of anger and indignation, one stands out as a unique feature of this wave of the social movement: public scrutiny of civic symbols. Protestors have defaced, torn down, and called for the removal of monuments that represent our... |
2020 |
Most Relevant |
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Fair Housing Justice Center Issues Statement of Support and a Call to Action-Black Lives Matter |
48No.CD-13 HDR Current Developments NL 1 (6/29/2020) |
The Fair Housing Justice Center (FHJC) condemns the murders of George Floyd, Breonna Taylor, Freddie Gray, Michael Brown, Jamar Clark, Sandra Bland, Tamir Rice and many others who have lost their lives through police violence. We stand in solidarity with all those around the world who protest for racial justice. We unequivocally believe that BLACK... |
2020 |
Most Relevant |
| Morgan Gstalter |
Fauci, Black Lives Matter Founders Included on Time's 100 Most Influential People List |
The Hill (9/23/2020) |
Anthony Fauci, the nations top infectious disease expert, and the founders of the Black Lives Matter movement were included in Time magazines list of the 100 Most Influential People of 2020 released Wednesday. |
2020 |
Most Relevant |
| Tasnim Motala |
Foreseeable Violence & Black Lives Matter: How Mckesson Can Stifle a Movement |
73 Stanford Law Review Online 61 (September, 2020) |
Catalyzed by the death of George Floyd, protests against police brutality and systemic racism have spread across the United States and the world in 2020. Throughout the country, law enforcement has responded to these protests with the same type of brute force that protesters are challenging--excessive, violent, and militarized. Many have... |
2020 |
Most Relevant |
| Justin Wise |
John Lewis Procession Stops at Black Lives Matter Plaza in Dc |
The Hill (7/27/2020) |
The motorcade carrying the body of the late Rep. John Lewis (D-Ga.) stopped at the Black Lives Matter Plaza in Washington, D.C., on Monday as it made its way to Capitol Hill, where the civil rights champion will lie in state. |
2020 |
Most Relevant |
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John Lewis Visits 'Black Lives Matter Plaza,' Calls Protests 'Very Moving' |
(6/7/2020) |
Civil rights icon Rep. John Lewis (D-Ga.) met with Washington, D.C., Mayor Muriel Bowser (D) and paid a visit to the site where the mayor had Black Lives Matter painted on a road that leads to the White House. |
2020 |
Most Relevant |
| Henry Kenyon, CQ Roll Call |
Lawmakers Urge Inquiry into Surveillance of Black Lives Matter Protests |
CQ Briefing Roll Call Washington Data Privacy (10/19/2020) |
Democratic lawmakers led by Sen. Ron Wyden, D-Ore., asked the Privacy and Civil Liberties Oversight Board to investigate legal, regulatory and civil liberties aspects of the federal government's surveillance of Black Lives Matter protests and of journalists covering them. |
2020 |
Most Relevant |
| May Vutrapongvatana |
Mayor De Blasio Plans to Paint and Co-name City Streets in Honor of Black Lives Matter |
2020 CityLand CityLand 1 (6/15/2020) |
The first street to be co-named and painted will be near City Hall. On June 9, 2020, Mayor Bill de Blasio announced that the City will begin to co-name and paint selected streets in all five boroughs in honor of the Black Lives Matter movement. The Black Lives Matter movement, which began in 2013, works to address the issue of state and vigilante... |
2020 |
Most Relevant |
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Pence Says Leaders of Black Lives Matter Movement Have 'Radical Left' Agenda |
(6/28/2020) |
Vice President Pence said he thinks the leaders of the Black Lives Matter movement are pushing what he called a political agenda of the radical left when pressed in a recent interview about why he still refuses to say the phrase Black lives matter.During an appearance on CBS News on Sunday, reporter John Dickerson asked the vice president why... |
2020 |
Most Relevant |
| Alexander Bolton |
Romney Challenges Trump with Black Lives Matter March |
The Hill (6/9/2020) |
Sen. Mitt Romney (R-Utah) is challenging President Trumps antagonistic stance toward Black Lives Matter protesters at a time when Trumps support in the polls is dropping. |
2020 |
Most Relevant |
| Tala Doumani , Jamil Dakwar |
Rubber Bullets and the Black Lives Matter Protests |
24No.2 Human Rights Brief 77 (Winter 2020) |
Linda Tirado, a freelance photographer and activist, drove to Minneapolis from Nashville to photograph the protests that had erupted on May 26, 2020. She had just taken a photo and lowered her camera when she felt her face explode. Screaming I'm press! I'm press! Linda had been shot in the left eye by a rubber bullet. After being rushed into... |
2020 |
Most Relevant |
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Sen. Loeffler Opposes Wnba Black Lives Matter Plan |
(7/7/2020) |
Sen. Kelly Loeffler (R-Ga.) is coming under criticism from the Womens National Basketball Players Association (WNBPA) after writing a letter saying the league should not go forward with a plan to put the names of Black victims of police violence on players' jerseys. |
2020 |
Most Relevant |
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Trump Likes Tweet about Hbo's 'Insecure' Prompting User to Change Name to 'Black Lives Matter' |
(6/8/2020) |
President Trump liked a tweet about HBO's Insecure" Sunday evening |
2020 |
Most Relevant |
| Marina Pitofsky |
Trump Rips Black Lives Matter Protesters in Pittsburgh: 'Thugs!' |
The Hill (9/8/2020) |
President Trump on Tuesday slammed a group of protesters after a video went viral this week showing demonstrators confronting diners eating outdoors at a restaurant in Pittsburgh. |
2020 |
Most Relevant |
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Trump Says Black Lives Matter Is 'Bad for Black People' |
(8/31/2020) |
President Trump on Monday decried Black Lives Matter as a discriminatory" organization that is "bad for Black people" as part of a broader diatribe against protests in response to racial injustice." |
2020 |
Most Relevant |
| Brett Samuels |
Trump: Black Lives Matter Mural in Nyc a 'Symbol of Hate' That Would Denigrate Fifth Avenue |
The Hill (7/1/2020) |
President Trump on Wednesday lashed out at New York City Mayor Bill de Blasio (D) for moving ahead with plans to paint Black Lives Matter along Fifth Avenue in Manhattan, calling the mural a symbol of hate."" |
2020 |
Most Relevant |
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#Livingwhileblack: Racially Motivated 911 Calls as a Form of Private Racial Profiling |
92 Temple Law Review Online 55 (2020) |
Private racial profiling is not new, but racially motivated 911 calls are a new method for private citizens to police Black people. Specifically, #LivingWhileBlack refers to the recent increase in 911 calls white people make on Black people who are going about normal daily activities. These everyday activities have included a family eating at... |
2020 |
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| Aya Gruber |
#Metoo and Mass Incarceration |
17 Ohio State Journal of Criminal Law 275 (Spring, 2020) |
When I was a law student and an aspiring criminal lawyer, I always felt mired in a feminist defense attorney dilemma. On the one hand, I was intimately familiar with the harms of sexual assault and firmly believed that gender crimes reflected and reinforced women's second-class status. On the other, I was involved in public defense and... |
2020 |
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| Cynthia Godsoe |
#Metoo and the Myth of the Juvenile Sex Offender |
17 Ohio State Journal of Criminal Law 335 (Spring, 2020) |
Prison abolition [i]s the most direct path toward justice[.] Our work [to end gender violence] needs to be reframed as a movement against the patriarchal carceral state that is so dangerous to so many people . includ[ing] tearing down the architecture of racism and the related forms of oppression upon which that carceral state is built .. That... |
2020 |
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| Benedetta Faedi Duramy |
#Metoo and the Pursuit of Women's International Human Rights |
54 University of San Francisco Law Review 215 (2020) |
IN THE PAST YEAR, high profile cases and the ensuing #MeToo movement have raised much attention on issues surrounding gender discrimination, violence against women, and sexual harassment in the workplace. In the United States, allegations of sexual assault and harassment spawned the deposition or resignation of prominent figures in the... |
2020 |
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| Ann Nenoff |
#Metoo: a Look at the Influence and Limits of "Hashtag Activism" to Effectuate Legal Change |
2020 University of Illinois Law Review 1327 (2020) |
#MeToo was a hashtag posted on social media by men and women to share that they have been victims of sexual assault or harassment. The Me Too movement was started by Tarana Burke long before the hashtag was created, and #MeToo is just one example of the use of the hashtag, a social media tool, to launch a topic into the center-stage of media... |
2020 |
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| Lolita Buckner Inniss |
(Un)common Law and the Female Body |
61 Boston College Law Review E-Supplement I.-95 (5/14/2020) |
Abstract: A dissonance frequently exists between explicit feminist approaches to law and the realities of a common law system that has often ignored and even at times exacerbated women's legal disabilities. In The Common Law Inside the Female Body, Anita Bernstein mounts a challenge to this story of division. There is, and has long been, she... |
2020 |
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| Anders Walker |
[Dis]integration: Second-order Diversity and Schools |
109 Georgetown Law Journal Online 21 (Summer, 2020) |
This Article challenges the prevailing definition of diversity. Borrowing from Heather Gerken, it argues that diversity is best understood not simply as a rationale for creating integrated spaces, but also [dis]integrated ones-- places where minority students and faculty can occupy majority positions and are able to exercise majority control. Such... |
2020 |
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| Wayne R. LaFave, Jerold H. Israel,, Nancy J. King,, Orin S. Kerr |
§ 1.2(i)the Special Significance of the Federal System |
Criminal Procedure § 1.2(I) (2020) |
Notwithstanding its limited share of the total caseload, the federal criminal justice system has been described as the most important enforcement system in the nation. Such a characterization may rest on a number of factors: the size and geographical spread of the agencies assigned to the enforcement of the federal criminal law; the level of... |
2020 |
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| Wayne R. LaFave, Jerold H. Israel,, Nancy J. King,, Orin S. Kerr |
§ 1.5(i)maintaining the Appearance of Fairness |
Criminal Procedure § 1.5(I) (2020) |
The criminal justice process seeks not only to provide fair procedures, but also to maintain the appearance of fairness in the application of those procedures. As the Supreme Court has noted, justice must satisfy the appearance of justice. That the criminal justice procedures are fair, in fact, is not sufficient; the procedures also must be... |
2020 |
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| Associations and Clubs |
§ 1.definition, Nature, and Attributes of Associations |
AMJUR § 1 (2020) |
An unincorporated association is a body of persons acting or joining together, without a charter, for the prosecution of some common purpose, objective, interest, or enterprise, under a common name or mark. It is created and formed by the voluntary action of a number of individuals associating themselves together for the accomplishment of some... |
2020 |
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| Rodney A. Smolla |
§ 10:44.imposing Liability Against Organizers and Leaders of Protests and Demonstrations |
Smolla & Nimmer on Freedom of Speech § 10:44 (2020) |
When public demonstrations, marches, and protests are conducted in public spaces, violence at times ensues. America has experienced many such events, including the activities in Charlottesville in 2017, and the massive national protests surrounding the murder of George Floyd in 2020. These may range from minor skirmishes, to serious acts of... |
2020 |
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| Arthur R. Miller, Mary Kay Kane and, A. Benjamin Spencer |
§ 1292capacity to Sue or Be Sued |
FPP Federal § Practice and Procedure (Wright & Miller) 1292 (2020) |
In service of the goal of simplified pleading, the first sentence of Federal Rule of Civil Procedure 9(a) makes it unnecessary to plead the capacity of a party to sue or be sued or the authority of a party to sue or be sued in a representative capacity or the legal existence of an organized association. Three distinct concepts are at work here:... |
2020 |
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| Federal Rules of Civil Procedure |
§ 1321requirement That Pleadings Be Captioned |
FPP 1321 § (2020) |
Federal Rule of Civil Procedure 10(a) requires that all pleadings contain a caption, although at least one federal court has shown a willingness to interpret an uncaptioned response as an answer. Because Federal Rule of Civil Procedure 7(b)(2) expressly incorporates [t]he rules governing captions, Rule 10(a) applies to all motions as well. The... |
2020 |
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| Phyllis W. Cheng, Ann M. Noel, and Susan Saylor, Ann M. Noel |
§ 14:2.ralph Act |
California Fair Housing and Public Accommodations § 14:2 (2020) |
The Ralph Civil Rights Act (Civ. Code § 51.7) guarantees the right to freedom from violence and intimidation to persons or their property motivated by the victims' protected Unruh Act characteristics (sex, race, color, religion, ancestry, national origin, disability, medical condition, marital status, sexual orientation, citizenship, primary... |
2020 |
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| Phyllis W. Cheng, Ann M. Noel, and Susan Saylor, Ann M. Noel |
§ 14:3.ralph Act Jury Instructions |
California Fair Housing and Public Accommodations § 14:3 (2020) |
California courts have adopted the elements of proof as set out in the California Jury Instructions. (CACI 3064; Black Lives Matter-Stockton Chapter v. San Joaquin County Sheriff's Office, 398 F. Supp. 3d 660, 678-679 (E.D. Cal. 2019); Austin B. v. Escondido Union School Dist., 149 Cal. App. 4th 860, 57 Cal. Rptr. 3d 454, 471, 219 Ed. Law Rep. 91... |
2020 |
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| Phyllis W. Cheng, Ann M. Noel, and Susan Saylor, Ann M. Noel |
§ 14:5.bane Civil Rights Act |
California Fair Housing and Public Accommodations § 14:5 (2020) |
The Tom Bane Civil Rights Act provides protection whenever a person or persons, whether or not acting under color of law, interferes by threats, intimidation, or coercion, or attempts to interfere by threats, intimidation, or coercion, with the exercise or enjoyment by any individual or individuals of state or federal statutory or constitutional... |
2020 |
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| Robert L. Haig, Editor-in-Chief, Michael P. Zweig and Tal E. Dickstein |
§ 148:42.protections for the Right to Express an Opinion |
Business and Commercial Litigation in Federal Courts 4th American Bar Association Section of § 148:42 (2020) |
Celebrities are encouraged to express their opinions. They are given talk shows, featured on late-night TV, interviewed in innumerable newspaper and magazine articles and followed on social media Web sites, in large part because the public wants to know what celebrities think about a wide range of topics. It is a common misperception, however, that... |
2020 |
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| Gary Muldoon |
§ 19:89.jury Selection, Generally-example of Questions to Be Asked During Jury Selection |
Handling a Criminal Case in New York § 19:89 (2020) |
It may be important during questioning to mention the juror's name, so that the transcript is clear who is responding to questions. But once the jury is selected, never address a juror individually. The following are questions often asked during jury selection: (Introduction) Belong to any organizations? Do you have any bumper stickers on your car?... |
2020 |
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| Martin A. Schwartz |
§ 2.03 Fictitious Plaintiff Names |
SNETLCD § 2.03 (2020) |
The Federal Rules of Civil Procedure provide that the complaint must include the names of the parties and that [e]very action shall be prosecuted in the name of the real party in interest. These provisions serve the important interests of apprising the opponent of the identity of the complainant and the public interest in knowing all of the... |
2020 |
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| W. Cole Durham and Robert Smith |
§ 2:18. Impacts of Religion in Modern History |
Religious Organizations and the Law (2020) |
Particularly over the last half century, particularly since the cultural upheavals of the 1960s, there has been an ongoing debate over the relationship between religion and the state in the United States in law, government, and public life. To some extent, these concerns about what is sometimes referred to as religion in the public square tracked... |
2020 |
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| Linda L. Addison |
§ 2:33. Kinds of Facts under Rule 201(b)-kinds of Facts Proper for Judicial Notice-facts Improper for Judicial Notice-facts Not Generally Known Within Territorial Jurisdiction or Whose Sources Can Be Questioned |
TXPG-EVID § 2:33 Texas Practice Guide Evidence (2020) |
Judicially noticed facts must be free of reasonable dispute and either generally known within the trial court's territorial jurisdiction, or readily determinable by reference to sources the accuracy of which could not reasonably be questioned. Tex. R. Evid. 201(b)(1), 201(b)(2). In Fred S. James & Co. of Oklahoma, Inc. v. West Texas Compresses,... |
2020 |
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| Eleanor H. Smith and Aitan D. Goelman |
§ 20:10.the Civil Hatch Act-hatch Act Civil Prohibitions Applicable to All Covered Federal Employees |
Political Activity, Lobbying Laws and Gift Rules Guide, 3d § 20:10 (2020) |
The Hatch Act imposes sweeping prohibitions on partisan political activity by covered employees. A covered employee may not: Use his or her official authority or influence for the purpose of interfering with or affecting the result of an election (5 U.S.C.A. § 7323(a)(1)); Knowingly personally solicit, accept, or receive a political contribution... |
2020 |
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| Ted A. Donner, J.D., Richard K. Gabriel |
§ 20:10.washington State's Approach to Implicit Bias in the Courts |
Jury Selection Strategy and Science § 20:10 (2020) |
It has been said that time pressure contributes to the problems inherent to implicit bias, and that may well be why so many police officers have surprised themselves with what they would otherwise recognize as bad decisions in the heat of the moment. It may well be why so many lawyers stereotype during sometimes abbreviated voir dire, and why... |
2020 |
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| Michael H. Graham |
§ 201:1scope of Rules; Definitions |
Handbook of Federal Evidence § 201:1 (2020) |
Judicial notice is founded on the assumption that certain factual determinations are not subject to reasonable dispute and thus may be appropriately resolved other than by the production of evidence before the trier of fact at trial. When a matter is judicially noticed, it is accepted as true without formal evidentiary proof. This process is known... |
2020 |
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| Ted A. Donner, J.D., Richard K. Gabriel |
§ 26:13.washington State's Approach to Implicit Bias in the Courts |
Jury Selection Strategy and Science § 20:10 (2020) |
It has been said that time pressure contributes to the problems inherent to implicit bias, and that may well be why so many police officers have surprised themselves with what they would otherwise recognize as bad decisions in the heat of the moment. It may well be why so many lawyers stereotype during sometimes abbreviated voir dire, and why... |
2020 |
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| Andrew V. Jezic, Patrick L. Woodward, Kathryn Grill Graeff, Frank Molony |
§ 32:4.videotaping Police in the Performance of Their Duties |
Maryland Law of Confessions § 32:4 (2020) |
Courts have had to examine wiretap statutes in relation to videotaping police officers in the performance of their duties. With evolving technology, nearly every cell phone comes with a video camera with audio recording capabilities. More and more, people are using video cameras to document daily life as well as events of interest. Video recording... |
2020 |
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| Martin A. Schwartz |
§ 5.06 Survey of Judicial Notice in Civil Rights Cases |
SNETLFE § 5.06 (2020) |
The decisions surveyed in this section pertain primarily to judicial notice of adjudicative facts. However, the line between adjudicative and legislative facts is not always clear. Further, courts frequently take judicial notice without specifying whether the fact is adjudicative or legislative in character. Thus, while the main goal in this... |
2020 |
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§ 5:9.fact Vs. Opinion |
Film and Multimedia and the Law § 5:9 (2020) |
The distinction as to what is a statement of fact and what is a statement of opinion is frequently a difficult one, which has resulted in a variety of judicial attempts to establish clear guidelines. Perhaps the most comprehensive judicial attempt to devise a test for determining whether a statement is one of opinion or fact can be found in Ollman... |
2020 |
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§ 5104facts Judicially Noticeable; Indisputability |
FPP 5104 § (2020) |
Once a court has completed the laborious process of determining that the fact to be judicially noticed is an adjudicative fact under Rule 201(a), it must turn to Rule 201(b) to determine whether the fact can be noticed under the Rule. Rule 201(b) requires that a fact be indisputable, then provides two routes to that goal. This section... |
2020 |
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