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4 Oct 2022, 6:20 pm
  Quite the reverse--it ought to be tightened up so that its flabby current constitution might be harder to apply to cases like this one. [read post]
30 Sep 2022, 5:28 pm by Eugene Volokh
[UPDATE: I used this in part to illustrate the difficulty that courts and defendants might have in tracking potential vexatious litigants, given that counting an adversary's past unsuccessful lawsuits may be much harder if they were all pseudonymous.] [read post]
30 Sep 2022, 11:40 am by JURIST Staff
This decision comes just four months after the Supreme Court of United States ruling in Dobbs v. [read post]
30 Sep 2022, 5:01 am by Susan Landau
But launching such attacks during active warfare, when Russian forces have entered the battlefield and the impact on their own forces might be harder to determine, is quite another—and makes cyber, at least currently, a difficult tool to employ in the heat of battle. [read post]
20 Sep 2022, 9:22 am by Eric Goldman
Most judges understand this distinction intuitively because they learned as 1Ls that the Constitution only restricts state action, not private action. [read post]
14 Sep 2022, 7:45 am by Eugene Volokh
Now of course a harder question would arise if Wisconsin law insisted that SafeBook, as a condition of doing any business in Wisconsin, let [read post]
14 Sep 2022, 12:00 am by Hayleigh Bosher
For Goold, that party is the IP owner, whom he believes will work harder towards "reaching a licensing deal ex ante" if it is no longer compensated in "a significant portion of accident cases" [p. 59], i.e. all cases where the infringer took reasonable care.Some thoughts on Goold's proposalAs stated, I am quite fond of the book but, in my view, there is also room for criticism (whereby I limit myself to patent law, the area of IP law I am most familiar… [read post]
13 Sep 2022, 6:30 am by Guest Blogger
  I think it is somewhat telling that Jennifer’s caution leads her to try to ask if there are any real defenses for what I find one of the truly indefensible features of the Constitution—the allocation in the Senate of equal voting power by states. [read post]
13 Sep 2022, 3:00 am by Jack Sharman
Privilege makes the investigation and prosecution harder, not easier. [read post]
12 Sep 2022, 5:39 am by Jack Goldsmith
[Jack Goldsmith and I will have an article out about the Dormant Commerce Clause, geolocation, and state regulations of Internet transactions in the Texas Law Review early next year, and I'm serializing it here. [read post]