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24 Aug 2016, 9:01 pm by Vikram David Amar
I have made the same point in another on-line essay, where I wrote: “[W]hen lawyers/clients claim they are victims of judicial error, they are not taken seriously because of their self-interest. [read post]
18 Aug 2016, 9:01 pm by John Dean
After congressional Republicans failed to criminalize her use of a private email system, they now want her charged with perjury or a criminally false statement.On July 11, 2016, Goodlatte and Chaffetz referred the matter to the U.S. [read post]
17 Aug 2016, 11:22 am by Cynthia L. Hackerott
“The final rule focuses on ‘similarly situated employees,’ but offers little in the way of concrete guidance except to say that the determination of similarity is ‘case specific,’” observed Gretchen W. [read post]
17 Aug 2016, 6:55 am
When the government crafts subpoenas, it must `make a reasonable effort to request only those documents that are relevant and non-privileged, consistent with the extent of its knowledge about the matter under investigation. [read post]
15 Aug 2016, 6:26 pm by Benjamin Wittes
“[W]e will also seek to capture high-value targets to gain needed information to dismantle their organizations. [read post]
15 Aug 2016, 2:07 pm by Daniel Cappetta
[W]hen Soto appeared in court as required, the Commonwealth moved for an order of pretrial detention under the dangerousness statute. [read post]
15 Aug 2016, 2:07 pm by Daniel Cappetta
[W]hen Soto appeared in court as required, the Commonwealth moved for an order of pretrial detention under the dangerousness statute. [read post]
15 Aug 2016, 3:32 am by Broc Romanek
” Fortune, reporting on the same study, quotes MSCI to similar effect: “‘[W]e found little evidence to show a link between the large proportion of pay that such awards represent and long-term company stock performance. [read post]
14 Aug 2016, 5:04 pm by Ad Law Defense
”  Moreover, “[T]rial courts have discretion to conduct a lodestar cross-check on a percentage fee . . . [read post]
12 Aug 2016, 4:49 pm by Rebecca Tushnet
You can’t be uncertainty averse to both; what matters is relative salience; whether people treat those as losses v. gains, etc.Q: what about people who just decide not to take either risk? [read post]
12 Aug 2016, 10:30 am by Rebecca Tushnet
  In many cases you can say that you just don’t have copyright over the matter claimed.Ramsey: interacts w/remedy: suppose P is trying to cover facts; is entire copyright invalid? [read post]
11 Aug 2016, 5:35 pm by Rebecca Tushnet
FTC settlements just say “create comprehensive privacy program,” which generally means hiring a CPO, but if that doesn’t matter we should know.Research design: interviews w/lawyers, programmers, engineers, members of privacy teams, project managers/tech leads. [read post]
11 Aug 2016, 3:41 pm by Rebecca Tushnet
  [I think this is a matter of leveraging reciprocity norms; Ramsey mentions guilt.] [read post]
11 Aug 2016, 3:41 pm by Rebecca Tushnet
If result is thin protection for some that’s cool.McKenna: reason for excluding from © matters: if it’s b/c they aren’t original, existence of alternatives wouldn’t matter so much. [read post]
11 Aug 2016, 10:25 am by Rebecca Tushnet
You need to support that at the level of a particular genre or market.Linford: genres might matter, but we do a lot of thinking about theoretical work/modeling w/o empirics. [read post]
11 Aug 2016, 10:25 am by Rebecca Tushnet
  There are people in the industry who think Spotify can’t survive on its own b/c it doesn’t make any money.Q: Is Albini saying that artists’ interests are more aligned w/intermediaries than w/labels at this point b/c intermediaries aren’t acting as bottlenecks? [read post]
11 Aug 2016, 9:31 am by Sandy Levinson
 As a matter of fact, Hillary Clinton will e the most vulnerable incumbent, in 2020, of any president since Herbert Hoover. [read post]