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27 Apr 2014, 11:19 pm
In light of those posts, I should point out that Judge Facciola has recently suggested that he may adopt — or, in his case, re-adopt, after being previously reversed for adopting — the mosaic theory of the Fourth Amendment for historical cell-site records. [read post]
25 Apr 2014, 7:16 am by Barbara van Schewick
FCC, and other relevant precedent reveals that it is impossible to adopt meaningful network neutrality rules under Section 706 of the Telecommunications Act. [read post]
23 Apr 2014, 9:29 am by Jeff Nowak
e) Are you properly designating FMLA leave and providing timely notice to employees of the designation? [read post]
23 Apr 2014, 7:53 am by Rebecca Tushnet
  Sampling is illegal for tobacco, but they’re doing it. [read post]
23 Apr 2014, 4:00 am by Administrator
Counsel suggested that the bringing of a claim apparently destined to fail on its merits was itself something that properly could be characterized as “an abuse of process”. [39] I find that suggestion problematic for a number of reasons. [40] First, it adopts an inordinately broad view of what constitutes an “abuse of process”, and corresponding lowers the “very high threshold”, (noted above), required for such a characterization. [read post]
22 Apr 2014, 1:17 pm by Bruce Boyden
Section 111 gives to the Register of Copyrights the authority to determine the form and content of reports to be filed with the Copyright Office under Section 111(d), but it does not give the Register any authority to adopt regulations governing who is liable under Sections 111(c) or (e). [read post]
22 Apr 2014, 1:17 pm by Bruce E. Boyden
Section 111 gives to the Register of Copyrights the authority to determine the form and content of reports to be filed with the Copyright Office under Section 111(d), but it does not give the Register any authority to adopt regulations governing who is liable under Sections 111(c) or (e). [read post]
21 Apr 2014, 10:30 am by Jack Goldsmith
  Such re-engineering will require time, but it is precisely on point insofar as remote takeover means attacker input being processed by a target. [read post]
16 Apr 2014, 4:00 am by Administrator
I know there are judges available who are chomping at the bit to conduct more e-trials. [read post]
15 Apr 2014, 1:23 pm by Andrew Langille
 2.B The Impact from Unpaid Internships Across Canada, but particularly in Ontario we’re seeing the impacts from governments strategically abandoning youths. [read post]
13 Apr 2014, 8:59 am by Barry Sookman
For example, the US Congress,[2] the European Union[3] and its member states including the UK[4] and Ireland,[5] Australia[6] and others have been re-examining their copyright laws in light of the challenges posed by digital technologies. [read post]
10 Apr 2014, 11:58 am
  “Just because a hired expert makes a legal conclusion does not mean that a trial judge has to adopt it. [read post]
6 Apr 2014, 5:30 am by Barry Sookman
Challenges Faced By Cloud Security http://t.co/xXQgFspsGR -> We’re listening: Additional steps to protect your privacy – Microsoft on the Issues – http://t.co/5D940gi7QT -> Are You Copyright Compliant? [read post]
5 Apr 2014, 12:21 pm by Jason Rantanen
Nautilus 3) Considering reducing the cost of discovery by addressing e-Discovery 4) Considering making patent holders sue the manufacturer, rather than the downstream users or mom and pop merely as a way of increasing the royalty base. [read post]
4 Apr 2014, 11:04 am by Timothy Simeone
  But Justice Kennedy quickly interposed what sounded like an accusation:  “[Y]ou want us to say that we have sort of a coach class trustee,” such that “[w]ere all traveling in coach class when we have an ESOP. [read post]