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17 Jun 2019, 3:43 pm by Emily Hammond
Citing PG&E, Roberts stated that a state law is pre-empted “when its purpose is to regulate within a preempted field. [read post]
14 Jun 2019, 1:57 pm by Rebecca Tushnet
  Indeed, kids do a lot of copying that isn’t even noticed as copying: trace the letters to learn how to write; instruction where we have students watch then do, which is to say copy, then teach, which is to say have others copy you; perhaps this can often be distinguished as processes v. outputs, but copying letters is copying outputs, not just tasks. [read post]
11 Jun 2019, 12:48 pm
However, that court has also confirmed that, while Article 10(2) ECHR leaves little room for restrictions on freedom of expression in political matters, Contracting States enjoy a wide margin of discretion when they regulate freedom of expression in the commercial field (see, eg, Ashby Donald, para 39).In any event, the potential conflict between freedom of expression - whether commercial or artistic - and image rights has also emerged elsewhere, including in the US. [read post]
11 Jun 2019, 8:49 am by Eric Goldman
The court applied Section 230(c)(1)’s standard 3-part test: ICS Provider: Twitter qualifies (cites to Dehen, Fields, Frenken v. [read post]
10 Jun 2019, 9:05 pm by Erik Hovenkamp
Nevertheless, it represents a significant development in the antitrust–IP interface and will surely influence future cases and commentaries in the field. [read post]
10 Jun 2019, 2:59 am by Giesela Ruehl
The European Union, concerned about the impact of the disparities between the laws of Member States in this field, in the light of increasing divorce and migration, embarked on an initiative to harmonize private international law rules in relation to matrimonial property. [read post]
9 Jun 2019, 11:27 am by Jon Roland
US v Hudson 1812 correctly decided that the Constitution did not authorize Congress to define and punish common law crimes. [read post]
5 Jun 2019, 4:28 pm by INFORRM
  One need look no further than the frequent tweets of the president of the United States to prove the point. [read post]