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13 Sep 2022, 6:30 am by Guest Blogger
  I’m also grateful to Jeff Abramson for his really valiant role as moderator, given the necessarily limited time available and the necessity to truncate remarks. [read post]
8 Sep 2022, 5:35 am by Jack Goldsmith
If so, they may publish if they know they're protected by the "actual malice" standard, but refrain from publishing if they are subject to the negligence standard. [read post]
3 Sep 2022, 6:10 am by Rechtsanwalt Martin Steiger
Ich wäre beim Abonnement allerdings beinahe am definitiv nicht barrierefreien Google reCAPTCHA gescheitert … [read post]
31 Aug 2022, 7:46 am by Matthias Weller
– A Critical Overview of the Hague Preliminary Draft on Judgments”, Yearbook of Private International Law 17 (2015/2016), pp 1-31 Bonomi, Andrea; Mariottini, Cristina M. [read post]
30 Aug 2022, 5:01 am by Eugene Volokh
"[W]hether two activities are comparable for purposes of the Free Exercise Clause must be judged against the asserted government interest that justifies the regulation at issue. [read post]
22 Aug 2022, 12:06 pm by Richard Hunt
In other words, Congress only intended to exclude what it knew to be mental disorders in 1989 and the exclusion in the statute could not be re-written to encompass a newly recognized mental disorder even if that mental disorder arose out of transsexuality. [read post]
21 Aug 2022, 5:06 am by Bernard Bell
  The broadcaster’s obligation was to “fully and fairly disclose the true identity” of the principal providing the broadcast content or the payment or other compensation for broadcast of the content.[5] In particular, “[w]here an agent or other person contracts or otherwise makes arrangements with a station on behalf of another, and such fact is known to the station, the announcement shall disclose the identity of the person or persons in whose behalf such… [read post]
18 Aug 2022, 7:03 am by Ryan Goodman
” “We’re hoping to get this information out soon,” he added. [read post]
13 Aug 2022, 5:51 pm by assoulineberlowe
COPYRIGHT CASE OF FIRST IMPRESSION IN 11TH CIRCUITEleventh Circuit clarifies its position on the “Second Scienter” Requirement for a willful violation of the Digital Millennium Copyright Act (“DMCA”). [read post]
12 Aug 2022, 3:44 pm by Rebecca Tushnet
 Automating the Uncertain Judge Courtney M. [read post]
12 Aug 2022, 10:43 am by Rebecca Tushnet
” You’re trying to avoid that by saying you’re just dealing w/commercial appropriation, but the traditional tort is broader; even if it was limited to commerciality you still need a normative justification for these claims, not least b/c you need to do so to figure out the First Amendment analysis. [read post]
11 Aug 2022, 5:49 pm by Rebecca Tushnet
Rothman: we have speakers using someone else’s TM, and speakers using their own, which seem like they’re more similar than you’re presenting. [read post]
9 Aug 2022, 9:15 am by Eugene Volokh
Taibbi (Mass. 1987) (noting that the defendant's reports were based upon statements of an informant whom the defendant knew had a history of being unreliable in the past and, "[m]ore importantly," that the defendant was aware of inconsistencies in the informant's allegations but published them anyway). [read post]