Tag Archives: Affirmative

Affirmative defense asserting that Copyright Act is unconstituational survives motion to strike

Plaintiff sued defendant search engine for copyright infringement alleging that defendant wrongfully reposted a picture plaintiff had taken. Defendant’s answer included a number of affirmative defenses. Plaintiff moved to strike the affirmative defenses. The court struck some of them but … Continue reading

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Affirmative Action for White Kids?

A recent lawsuit against Harvard College alleges that its admissions procedures covertly discriminate against Asian-American candidates.  This lawsuit has national importance because the admission procedures at Harvard are very much like those used at other elite schools.  https://www.nytimes.com/2018/11/02/us/harvard-trial-college-admissions.html?ref=oembed Discovery in  … Continue reading

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Is Less Really More? Abraham and Kendrick on Getting Rid of Affirmative Duties

Kenneth S. Abraham & Leslie Kendrick, There’s No Such Thing as Affirmative Duty, Virginia Public Law and Legal Theory Research Paper No. 2018-59, available at SSRN. Anthony Sebok When it comes to inherited scholarly categories and taxonomies, a prominent strand of modern American … Continue reading

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Affirmative Defense: A Guide to Affirmative DWI Defense

Affirmative Defense: A Guide to Affirmative DWI Defense Automatism Defense Using Automatism and Involuntary Intoxication Defense in DWI Cases It’s not often that you’ll get a chance in court to use either the automatism defense or the involuntary intoxication defense. … Continue reading

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In Defense of Affirmative Action in Higher Education

The mere consideration of race in admissions, as the Supreme Court has long-held, does not violate college applicants’ equal rights. In November 2014, Students for Fair Admissions, an organization founded and led by Edward Blum as part of his ongoing … Continue reading

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