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Some Blurred Lines: The 2022-2023 Supreme Court Term

By Alice K. Jump The popular conception of the current Supreme Court is that it has a conservative 6-3 super majority that will follow Republican doctrine when it comes to striking down affirmative action, eroding LGBTQ rights, and invalidating student loan forgiveness. The politically charged decisions of the past term...

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Donald Trump’s Failed Attempt to Shield His Social Media Attacks From Libel Claims Of E. Jean Carroll Based on Section 74 of the New York Civil Rights Law

This article discusses Section 74 of the New York Civil Rights Law, which provides “absolute” protection against a claim of defamation arising from a “fair and true report of judicial proceedings,” even if the report is made outside the courthouse.  It also addresses the application of Section 74 to the...

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Delaware Court of Chancery: Corporate Officers Have Duty of Oversight, and Sexual Harassment Is a Breach of Fiduciary Duty

In a first-of-its-kind ruling from earlier this year, the Delaware Court of Chancery (i) clarified that corporate officers of Delaware corporations (like corporate directors) are subject to the fiduciary duty of oversight, and (ii) held that sexual harassment by an officer constitutes bad-faith conduct breaching the duty of loyalty.[1] In...

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