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29 Dec 2017, 7:34 am by Ben
In the UK in FAPL v BT [2017] Mr Justice Arnold concluded that the High Court has the jurisdiction to make an order against an access provider that would require the ISP to block access not to a website but rather streaming servers giving unauthorised access to copyright content - 'live' blocking. [read post]
9 Feb 2017, 9:01 pm by Vikram David Amar and Michael Schaps
” In challenging this federal directive, San Francisco relies on principles of federalism as expounded in Printz v. [read post]
12 Sep 2022, 5:39 am by Jack Goldsmith
That would be especially true if a state law treats reasonable use of geolocation technology as an adequate defense when geography matters—for instance, when reasonable even if imperfect geoblocking attempts are seen as evidence of lack of intent to target a particular state for personal jurisdiction purposes,[24] or when reasonable geolocation attempts are seen as sufficient for determining that a defendant's copyright infringement happened within the court's… [read post]
25 May 2018, 3:10 am by Michael Lowe
Federal drug arrests can force the accused into negotiating a plea agreement, where special considerations apply to the defendant’s situation. [read post]
19 Oct 2013, 8:53 pm by Schachtman
Expert witnesses come in all sizes, colors, shapes, races, ethnicities, and personalities. [read post]
14 Jun 2022, 6:30 am by Guest Blogger
This post was prepared for a roundtable on Constitutional Faith and Veneration, convened as part of LevinsonFest 2022. [read post]
23 May 2019, 7:08 am by Jack Goldsmith
I argued earlier this month that Special Counsel Robert Mueller’s report misapplied the presidential clear statement rule and improperly exposed many of President Trump’s actions in response to the Russia investigation to potential criminal liability. [read post]