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29 Sep 2014, 7:00 am
Virginia Pharmacy and Bolger teach us that native content cannot be commercial speech simply because it is a paid advertisement, or because money was paid to place the content on a website. [10] As the Court reasoned in these cases and many others, a hard-and-fast rule like this would mean political advertisements, traditionally protected First Amendment speech, would be “commercial speech. [read post]
28 Sep 2014, 11:17 am
Why else would the Supreme Court direct us to Morrison precisely when it was discussing claims that allegedly “touch and concern” the United States? [read post]
27 Sep 2014, 10:06 am
If all products were used equally, and were equally dusty, then perhaps they all could be taken to contribute equally. [read post]
24 Sep 2014, 6:01 am
Here’s a classic statement of the principle, from Shannon v. [read post]
24 Sep 2014, 4:54 am
Lilly v. [read post]
24 Sep 2014, 4:30 am
Don’t ask us. [read post]
23 Sep 2014, 7:42 am
It’s unclear precisely how the assailants used Model Mayhem, but the court merely says that they “used the website to lure [Doe] to a fake audition. [read post]
[Will Baude] Understanding the federal court ruling that allows an FLDS church leader not to testify
21 Sep 2014, 10:09 am
Lots of folks on the internet have been talking about the recent district judge decision in Perez v. [read post]
20 Sep 2014, 1:06 pm
The concept and use of surveillance in and as law was useful as a framework for introducing students to several aspects of law that have emerged in the last half century. [read post]
19 Sep 2014, 1:14 am
Thanks to the Supreme Court’s recent decision in Riley v. [read post]
18 Sep 2014, 11:17 am
Solis v. [read post]
18 Sep 2014, 10:29 am
Town of Atherton v. [read post]
17 Sep 2014, 11:37 am
In Davis v. [read post]
17 Sep 2014, 5:27 am
In an op-ed for The National Law Journal (registration or subscription required), Ron Honberg urges the Court to grant the petition for certiorari filed by Texas death row inmate Scott Panetti and “announce a precise standard for assessing a prisoner’s competency for execution. [read post]
16 Sep 2014, 4:21 am
But perhaps just as important to the development of the fair use doctrine is a 1990 law review article by federal judge Pierre Leval, Toward a Fair Use Standard. [read post]
15 Sep 2014, 1:04 pm
By Jason Rantanen Interval Licensing LLC v. [read post]
12 Sep 2014, 5:55 am
Using a common-sense approach to defining the scope of the warrant, we conclude the text file seized falls within the four corners of the warrant.State v. [read post]
12 Sep 2014, 5:54 am
This causes us deep consternation. [read post]
9 Sep 2014, 6:20 pm
I offer these materials in hopes that they may prove of use and that you might share comments, perspectives and suggestions as I develop those materials on this site. [read post]
8 Sep 2014, 9:24 pm
Given enough facts, harassment can be identified with workable precision. [read post]
