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8 Oct 2015, 5:00 am
Ever since this blog started, we’vemadeplainthat we have no use for the so-called “heeding presumption. [read post]
28 Feb 2017, 9:55 am by Mieke Eoyang, Gary Ashcroft
Editor's Note: A full version of this paper, complete with citations, can be found here. *** Over the next year, Congress will have to address one of the most controversial electronic surveillance statutes, the FISA Amendments Act (commonly referred to by one of its key provisions, Section 702), before it expires at the end of 2017. [read post]
1 Jan 2016, 6:57 am
  The court explained that[w]e treat a motion for a directed verdict as a challenge to the sufficiency of the evidence. [read post]
7 Oct 2015, 3:28 am
This post examines an opinion recently issued by a judge in the U.S. [read post]
17 Mar 2014, 5:28 am by Rebecca Tushnet
  “[W]hile the matter is fairly debatable, Garcia is likely to prevail. [read post]
9 Jun 2016, 5:51 am by Eugene Volokh
I blogged two weeks ago about a First Amendment challenge to California Penal Code § 9026.5, which makes it a crime to rebroadcast televised California Assembly proceedings “for any political or commercial purpose, including, but not limited to, any campaign for elective public office or any campaign supporting or opposing a ballot proposition submitted to the electors. [read post]
3 Dec 2021, 8:19 am
 It was my great delight to be able to present a paper, The Algorithmic Law of Business and Human Rights: Constructing a Private Transnational Law of Ratings, Social Credit, and Accountability Measures authored together with Matthew McQuilla (Penn State SIA MIA 2021) at the Algorithmic Law and Society Symposium 2 December 2021.The paper suggests the consequences of the iconoclasm of emerging principles of algorithmic governance--the move from law as an exogenous force to a system of… [read post]
20 Apr 2015, 6:30 am
Court of Appeals for the 2d Circuit 2008) (quoting Smith v. [read post]
28 Apr 2011, 3:18 pm by Bexis
  Thus “[w]e do not believe comment k was intended to provide nor should it provide all ethical drugs with blanket immunity from strict liability design defect claims. [read post]
19 Feb 2016, 11:57 am
[W]e believe that the holding in Pennsylvania Firecannot be divorced from the outdated jurisprudential assumptions of its era. [read post]
18 Jul 2014, 11:33 am by Marty Lederman
  That is simply not how the Court resolved free exercise claims in the generation preceding Smith. [read post]
17 Apr 2012, 3:00 am by Steve Lombardi
Griffen vs State of Iowa is as much about a mother’s love for a son as it is about legal concepts having to do with proper supervision. [read post]