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11 Jan 2014, 5:58 am by Yishai Schwartz
In IV, Ben expressed moderate skepticism about applying the Privacy Act to non-US persons as DHS does, and urged the Government to insist on reciprocity rather than playing “handmaiden to European hypocrisy. [read post]
10 Jan 2014, 12:45 pm by Benjamin Wittes
Like the Privacy Czar recommendation in Chapter VI, this is way of conveying seriousness bureaucratically without actually changing policy. [read post]
9 Jan 2014, 12:35 pm by Benjamin Wittes
It does offense, in the form of both stealing secrets and cyber operations in the covert and military contexts. [read post]
9 Jan 2014, 4:00 am by Administrator
While Canadian courts have repeatedly expressed reluctance to embrace Sullivan-style changes regarding actual malice,175 three matters must be stressed: first, this proposal is markedly different from Sullivan and does not conflict with the reasons for which the SCC disparaged Sullivan; second, the public figure concept itself predates the Sullivan decision as a defence applicable in infringement of privacy cases and so can be relied on without being dragged into the vortex of debate over… [read post]
8 Jan 2014, 2:34 pm by Marty Lederman
  The law does not require that the employer host the disfavored speech; it also allows the employer to simply cease providing employee access to the bulletin board--something the employer would not have "freely chosen" to do, based on magnanimity, or a desire for good employee relations, or what have you. [read post]
6 Jan 2014, 9:33 am
Domestic Safeguards and Oversight Mechanisms: How do oversight and accountability systems compare in ensuring the protection of individual rights vis-à-vis intelligence gathering? [read post]
6 Jan 2014, 8:45 am
In analyzing Civil Code § 1590 vis a vis the common law gift elements, the two are actually quite harmonious; the intent of the giftor of an engagement ring is based on a qualified condition that s/he gets married to the other person. [read post]
1 Jan 2014, 5:01 pm by oliver randl
It is not enough to argue that the claim should be read in a particular way when the wording of the claim does not require this. [read post]
31 Dec 2013, 6:46 pm by Eugene Volokh
Finally, because the SAFE Act’s requirement that all ammunition sales be conducted in-person does not unduly burden interstate commerce, it does not violate the Commerce Clause. [read post]
24 Dec 2013, 5:45 am by Barry Sookman
It is also a fundamental tenet that copyright does not protect all copying from a work. [read post]
17 Dec 2013, 5:01 pm by oliver randl
”R 99(2) provides that “In the statement of grounds of appeal the appellants shall indicate the reasons for setting aside the decision impugned, or the extent to which it is to be amended and the facts and evidence on which the appeal is based”.R 101(1) provides that “If the appeal does not comply with A 106 to A 108, R 97 or R 99, paragraph 1(b) or (c) or paragraph 2, the Board of Appeal shall reject it as inadmissible”.[2.1.2] As to the content of… [read post]
17 Dec 2013, 9:35 am by Wells Bennett
For his part, Judge Pohl denies having any position at all vis a vis the accused. [read post]
17 Dec 2013, 4:00 am by Howard Friedman
The Mandate does not "split" the Catholic Church in two – it does not require any change to the religious structure, hierarchy or organization of the Church and its affiliated organizations. [read post]
16 Dec 2013, 10:22 pm by Raffaela Wakeman
Obama are Larry Klayman of Freedom Watch and Michael Strange, whose son was a cryptologist with NSA, supporting Navy SEAL Team VI. [read post]
16 Dec 2013, 6:27 am by Barry Sookman
If it was not clear enough before that there are many problems with CASL, it became evident when Industry Canada released the final regulations and the Regulatory Impact Analysis Statement (the RIAS). [read post]
15 Dec 2013, 7:11 am
Entitled “Stuck in Third”, here, with the byline—“Daimler is set to keep chugging down the Autobahn behind BMW and Audi”—the article described the mixed record of Mercedes-Benz (being the car division of Daimler) vis-à-vis its fellow German competitors. [read post]
10 Dec 2013, 6:11 am
Yet they also point to the possibility of creating a framework for understanding the way in which SWFs are governed and can be managed through regulation.[15] This study, then, does not consider the way in which SWFs ought to be governed;[16] rather it focuses on the emergence of governance systems through which SWFs can themselves govern.[17] For that purpose, it considers in some detail a critical aspect of the organization of the sovereign investing project of Norway.[18] Undertaken… [read post]