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24 Mar 2014, 11:16 am by Terry Hart
But consider this: Eldred‘s description of the public benefit is, as the Court notes, a direct descendant of the justification offered by James Madison, the very drafter of the Constitution’s Copyright Clause. [read post]
21 Mar 2014, 4:38 pm
Here’s an excerpt from that decision; the same result was reached in the case involving the other teacher: Petitioner [Alini Brito] taught Spanish at James Madison High School (JMHS) from 2003 until November 20, 2009. [read post]
5 Feb 2014, 5:14 pm by Glotzer & Sweat
 America’s founding fathers adopted this concept wholeheartedly in establishing the legal system in the U.S. and, in fact, felt so strongly that civil redress was a fundamental and “inalienable” right that in 1789 James Madison introduced the 7th Amendment (as part of the Bill of Rights) which states as follows: “In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact… [read post]
3 Feb 2014, 8:54 am by Terry Hart
The interests of the public and the author coincide, something recognized by the drafter of the Copyright Clause, James Madison, in the early days of the republic, and reiterated to this day. [read post]
24 Jan 2014, 6:00 am by Christopher G. Hill
  Thus, in 1791, Thomas Jefferson and James Madison convinced the Maryland General Assembly to enact the first mechanics’ lien statute. [read post]
21 Jan 2014, 4:05 pm by Ilya Somin
This story has helped encourage Americans’ special veneration of the founding generation and particular figures within that generation (like George Washington and James Madison) as culture heroes. [read post]
16 Jan 2014, 6:01 pm by Colin O'Keefe
Youth Marketing: How the Founder & CEO of ShopJeen Builds a Customer Base – New York lawyer Ronald Urbach of Davis & Gilbert on his blog, Madison Ave Insights Net Neutrality 2014: D.C. [read post]
"I have little doubt that the author of our Constitution, James Madison, who cautioned us to beware 'the abridgement of freedom of the people by gradual and silent encroachments by those in power,' would be aghast," he wrote. [read post]
16 Dec 2013, 11:55 am by Orin Kerr
Judge Leon recognizes that his holding conflicts with the reasoning of other district courts, but he expresses confidence that he is correct and that James Madison would be “aghast” at the NSA’s telephony metadata program. [read post]
9 Dec 2013, 5:49 am
In the actual case of the high school chemistry teacher — Stuart Ross Rosenthal — there was no discord and divisiveness and certainly no — to use James Madison's phrase — torrents of blood. [read post]
28 Nov 2013, 4:24 am by Benjamin Wittes
James Madison went back and forth over the course of his long career—as the Constitution’s principal theoretician, as an opposition leader, as Secretary of State in an administration committed to shrinking federal power, and finally as a wartime and post-war President—about how security should inflect the powers we invest in government. [read post]
25 Nov 2013, 11:30 am by Terry Hart
All property rights serve the public benefit.5 James Madison, who proposed and drafted the Copyright Clause of the US Constitution explicitly recognized this same principle in copyright law. [read post]
25 Nov 2013, 11:12 am by Buce
Chez Buce took in a screening last night of James Franco's As I Lay Dying last. [read post]
22 Nov 2013, 12:01 pm by Ben Rubin
  The 10 species include the endangered Indiana bat (Myotis sodalis), threatened bog turtle, (Glyptemys muhlenbergii), threatened Madison Cave isopod (Antrolana lira), endangered clubshell mussel (Pleurobema clava), endangered northern riffleshell mussel (Epioblasma torulosa rangiana), endangered fanshell mussel (Cyprogenia stegaria), endangered James spinymussel (Pleurobema collina), endangered sheepnose mussel (Plethobasus cyphyus), endangered Nashville crayfish (Orconectes… [read post]
20 Nov 2013, 7:41 pm
My article, "Transnational Corporations' Outward Expression of Inward Self-Constitution:  The Enforcement of Human Rights by Apple, Inc." has just been published and will appear in the Indiana Journal of Global Legal Studies 20(2):805-879 (2013). [read post]
6 Nov 2013, 10:15 pm by Will Baude
James Madison invoked it in his speech about the unconstitutionality of the national bank. [read post]
31 Oct 2013, 9:01 pm by John Dean
Adams, Jefferson, Madison, Monroe, J. [read post]