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21 Feb 2023, 6:10 am by Jonathan D. Glater
This is, as the government notes in its brief, akin to arguing that if A owes money to B and B owes money to C, then C can sue A to compel payment of B, because otherwise B might not pay C. [read post]
18 Feb 2023, 11:20 am by Gene Takagi
[Is it akin to the selling of products of the charity’s exemption functions – e.g., selling milk, but not ice cream, from a charity demonstration farm – which would be exempt?] [read post]
The SEC is seeking an injunction against future violations of Sections 5(a) and 5(c) of the Securities Act, disgorgement, and civil penalties. [read post]
1 Feb 2023, 5:00 am by Ben Sperry
The case actually turns on whether algorithmic recommendations are separable from publication of third-party content, rather than whether they are design choices akin to what was occurring in that case. [read post]
11 Jan 2023, 9:35 am by Ben Sperry & Kristian Stout
Or are the algorithmic suggestions of new videos a design choice that makes it akin to Roommates? [read post]
8 Jan 2023, 6:30 am by Guest Blogger
Sanford Levinson This post was prepared for a roundtable onFederation and Secession, convened as part of LevinsonFest 2022. [read post]
5 Jan 2023, 10:48 am by Eugene Volokh
Defining features of a structural error include that (1) it deprives defendants of the "basic protections without which a criminal trial cannot reliably serve its function as a vehicle for determination of guilt or innocence," and (2) it "def[ies] analysis by harmless error standards" because (a) the right at issue protects some interest other than avoiding erroneous convictions, (b) the effects of the error are difficult to identify or measure, and/or (c) the error is… [read post]
30 Dec 2022, 10:32 am by Michael Oykhman
Manslaughter As per section 234 of the Criminal Code, “[c]ulpable homicide that is not murder or infanticide is manslaughter&rd [read post]
26 Dec 2022, 11:18 am by Rebecca Tushnet
” Mothership’s operation was allegedly akin to Uber: it “matches an ever-changing array of third-party transportation companies ... to shipments needed on a regular basis” to distribute products to hundreds of “distros” across twenty-five states. [read post]
In an analogy popular with this camp, software providers should operate in a legal environment akin to car companies: When a software vulnerability is discovered, software providers should automatically and rapidly patch it in the same way that car manufacturers assume responsibility for deficient parts and routinely perform recalls. [read post]
8 Nov 2022, 1:46 pm by Alden Abbott
Recently departed Federal Trade Commission (FTC) Commissioner Noah Phillips has been rightly praised as “a powerful voice during his four-year tenure at the FTC, advocating for rational antitrust enforcement and against populist antitrust that derails the fair yet disruptive process of competition. [read post]
1 Nov 2022, 10:23 am by David Kopel
[Professors Miller and Tucker miss the mark, while Saul Cornell disdains accuracy] An article by Duke law professor Darrell A.H. [read post]