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17 Sep 2014, 7:00 am
”[6] The level of protection given to speech depends on its categorization, with political speech receiving the greatest and commercial speech receiving the lowest.[7]Accordingly, government regulations of political and other core noncommercial speech are subject to the highest standard of strict scrutiny, while commercial speech regulations are only subject to intermediate scrutiny.[8] Finally, some limited categories of speech receive no protection at all, including obscenity, defamation,… [read post]
16 Sep 2014, 4:21 am
In 1985, the Supreme Court said, “The fair use doctrine is not a license for corporate theft, empowering a court to ignore a copyright whenever it determines the underlying work contains material of possible public importance. [read post]
13 Sep 2014, 7:00 am
Muenzen Speciality Co., 1 F.T.C. 30 (1917); see also FTC Workshop at 11 [read post]
12 Sep 2014, 1:41 pm
American Home Prods. [read post]
12 Sep 2014, 11:59 am
He expressed dismay at the lack of data and transparency associated in this area which results in students and co-signers making poor choices. [read post]
10 Sep 2014, 9:00 am
U-Haul Co. of West Virginia v. [read post]
10 Sep 2014, 8:35 am
I have been considering the recent moves by the Human Rights Council to begin considering a treaty to replace/amplify/substitute/supersede the Guiding Principles for Business and Human Rights that the HRC has itself only recently and unanimously endorsed. [read post]
9 Sep 2014, 6:20 pm
”[1] In the United States statutes do not exist alone—the sole expression of the power of the people to govern themselves. [read post]
3 Sep 2014, 10:43 pm
The event—co-hosted by IntLawGrrls, the Robert J. [read post]
3 Sep 2014, 4:14 am
Supreme Court’s 1974 decision in American Pipe & Construction Co. v. [read post]
1 Sep 2014, 9:01 pm
This conversion, then, froze in time—perhaps against his will—his estate planning desires expressed before he met his new wife. [read post]
28 Aug 2014, 9:01 pm
Federal Election Commission (2010) 558 U.S. 310, and other applicable judicial precedents, to allow the full regulation or limitation of campaign contributions and spending, to ensure that all citizens, regardless of wealth, may express their views to one another, and to make clear that the rights protected by the United States Constitution are rights of natural persons only? [read post]
24 Aug 2014, 11:35 pm
It had more of a feel of an American college town during summer break. [read post]
24 Aug 2014, 11:35 pm
It had more of a feel of an American college town during summer break. [read post]
22 Aug 2014, 1:34 pm
That claim is nonsense, as my co-author Michael Cannon explains here. [read post]
20 Aug 2014, 7:14 pm
(Pix (c) Larry Catá Backer 2014) Since 2010, I have been posting on the development of a new course I have been developing for our first year law school students, "Elements of Law. [read post]
20 Aug 2014, 3:23 pm
The article is entitled “Reaffirming Class Action Waivers in Arbitration Clauses,” and focuses on the Supreme Court’s decision in American Express Co. v. [read post]
20 Aug 2014, 11:31 am
Unfortunately, it is a hypothesis that is easily co-opted for quackery, as Arguello has done. [read post]
17 Aug 2014, 1:22 pm
(Pix (c) Larry Catá Backer 2014) Since 2010, I have been posting on the development of a new course I have been developing for our first year law school students, "Elements of Law. [read post]
15 Aug 2014, 10:39 am
Most recently, 18 Senators co-sponsored the new USA FREEDOM Act, S. 2685, which offers a few important changes to the FISC. [read post]
