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2 Jan 2018, 6:24 am by John Rubin
Justice Newby of our Supreme Court discussed the movie’s criminal law implications in his concurring opinion in State v. [read post]
15 Dec 2017, 3:00 am by John Jenkins
Yesterday, the Delaware Supreme Court issued its decision in Dell v. [read post]
9 Oct 2017, 3:29 am by Peter Mahler
Both encompass infinite permutations of  behaviors — of both the well and ill-intended variety — among business co-owners that make any working definition of the two doctrines only marginally more useful than Justice Potter Stewart’s famous “I know it when I see it” definition of obscenity. [read post]
9 Oct 2017, 3:29 am by Peter Mahler
Both encompass infinite permutations of  behaviors — of both the well and ill-intended variety — among business co-owners that make any working definition of the two doctrines only marginally more useful than Justice Potter Stewart’s famous “I know it when I see it” definition of obscenity. [read post]
3 Oct 2017, 1:03 pm by Mark Walsh
There is some extra wattage here this morning for arguments in one of the marquee cases of the new term, Gill v. [read post]
15 Sep 2017, 4:27 am
Indeed, even the Israel Supreme Court does not appear to believe that the Copyright Office Tests are less arduous to apply, as it concludes its analysis of the second prong by referring to the famous words of Justice Potter Stewart in Jacobellis v. [read post]
15 Aug 2017, 7:48 pm by Gritsforbreakfast
Just Liberty's latest "Reasonably Suspicious" podcast features discussions of important issues and fresh ideas confronting Texas' criminal justice system. [read post]
11 Aug 2017, 9:10 am by Rebecca Tushnet
  Series of rules, each of which is an imperfect filter, might be the best.Bad example: Harry Potter case—court decides Lexicon isn’t a reproduction but is a derivative work; the rights may not be producing good overlaps.Buccafusco: how do these overlaps affect litigation choices and do they affect it asymmetrically? [read post]
10 Aug 2017, 7:43 am by Rebecca Tushnet
There are pockets that demand different approaches.Jake Linford: Error costs v. administrative costs. [read post]