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5 Apr 2012, 11:54 am by Bexis
How have consumer fraud/protection claims fared since Mensing? [read post]
4 Apr 2012, 6:38 am by Susan Brenner
(I don’t understand why the opinion refers to “computer fraud” rather than transmitting code and damaging a protected computer in violation of 18 U.S. [read post]
3 Apr 2012, 7:15 am
  This can be seen from last week's decision of Mr Justice Arnold (Chancery Division, England and Wales) in Golden Eye (International) Ltd and others v Telefonica UK Ltd, Consumer Focus intervening [2012] EWHC 723 (Ch), a decision that was written up so quickly by Eleonora Rosati for the 1709 Blog that the IPKat's good intentions to get down to writing about the same decision were temporarily swept away. [read post]
2 Apr 2012, 7:07 am by Marty Lederman
Most importantly, both he and the Chief Justice appeared to agree that there would be something deeply counterintuitive about such a holding in light of the undisputed fact--stressed by Justice Kagan throughout the argument, emphasized by the Solicitor General in his rebuttal, and acknowledged by the plaintiffs--that Congress could impose the same exact requirement of insurance purchase "at the point of sale," when the individual shows up at the proverbial (and the actual)… [read post]
2 Apr 2012, 4:00 am by Devlin Hartline
It hasn’t explicitly said so, of course, but that’s my takeaway from its protest of the Stop Online Piracy Act (SOPA) and the PROTECT IP Act this past January. [read post]
31 Mar 2012, 1:48 pm by lawmrh
Weren't these the same Progressives who had run wailing into the cobble-stoned streets sans torches and pitchforks following this Court's rulings in Bush v. [read post]
31 Mar 2012, 12:50 pm by Rebecca Tushnet
  Recall the history of INS v. [read post]
30 Mar 2012, 9:31 am by Rebecca Tushnet
  The latter was designed to protect ordinary user rights, starting to capture the idea of a virtual object which isn’t necessarily just one iteration of code sitting in RAM or sitting on the hard disk. [read post]
28 Mar 2012, 5:59 pm by Rebecca Tushnet
  This was aimed mostly at antitrust, with relatively little focus on permanent injunctions/consumer protection. [read post]
27 Mar 2012, 6:15 am by Rebecca Tushnet
Just because an ad is linked to a public debate doesn’t make it protected the way noncommercial speech is. [read post]
27 Mar 2012, 6:02 am by Rebecca Tushnet
(Note this smooth move, which also pops up later: a sales restriction is now a limit on speech! [read post]
26 Mar 2012, 2:17 pm by Steve Bainbridge
And, by the way, check with Susette Kelo before trying to tell me that the Takings Clause protects anything. [read post]