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12 Jul 2018, 5:31 pm
These were of course the facts tried in Ashby v Gaulme, Kenzo et Lacroix (2008), better known for its application to the European Court of Human Rights (Ashby Donald and Others v France [2013] ECHR 28; see herefor a previous post on the decision). [read post]
9 Sep 2017, 4:35 am by Garrett Hinck
Russell Spivak summarized the Second Circuit’s opinion in Doe v. [read post]
25 Jun 2020, 12:13 pm by Matthew Kahn
The Supreme Court in United States v. [read post]
18 Dec 2019, 4:08 pm by INFORRM
He gave Article 23 DPD a very narrow reading, contrary to CJEU decisions such as Case C–168/00 Leitner v TUI Deutschland GmbH [2002] ECR I–1631 (ECLI:EU:C:2002:163; ECJ, 12 March 2002), which held that compensation for “damage” must include both material and non-material damage, that is, both actual damage and distress (see also Case C-63/09 Walz v Clickair SA [2010] ECR I 4239 (ECLI:EU:C:2010:251; CJEU, 6 May 2010); Case… [read post]
28 Dec 2013, 7:00 am by Nick Basciano
Holiday present: The ODNI released a “mini-trove” of declarations relating to  the administration’s post-Snowden use of state secrets privileges in two cases, Jewel v. [read post]
17 Jun 2014, 4:56 am by Steve Vladeck
Apparently, for Judge Posner, this is a distinction without a difference, for requiring such access necessarily brings too great a risk of public disclosure: “Though it is certainly highly unlikely that Daoud’s lawyers would, Snowden-like, publicize classified information in violation of federal law, they might in their zeal to defend their client, to whom they owe a duty of candid communication, or misremembering what is classified and what not, inadvertently say things that… [read post]
3 Jul 2014, 7:15 am by Peter Margulies
  In 2006, years before the Snowden revelations, the European Court of Human Rights held in Weber v. [read post]
10 Apr 2014, 7:00 am by Robert Chesney
The resulting conversation dove deeply into key questions such as the relevance and fate of Smith v. [read post]
22 Dec 2014, 8:04 am by Clara Spera
On Friday, the Electronic Frontier Foundation (EFF), after four years of litigation, shifted its strategy in its banner NSA case, Jewel v. [read post]
28 Jan 2014, 11:04 am by Yishai Schwartz
Yesterday, Paul posted on Lawfare about the Supreme Court’s decision in Air Wisconsin v. [read post]
8 Jul 2013, 9:04 am by Lyle Denniston
   In February, in the case of Clapper v. [read post]
27 Dec 2013, 1:19 pm by Monique Altheim
Phone Surveillance Is Lawful, Federal Judge Rules http://ow.ly/s67rm  How to Evaluate Whether the NSA’s Telephony Metadata Program Makes Us Safer (and What Proponents and Opponents… http://ow.ly/2CsHc4  Obama’s NSA Phone Spying Reforms Might Make Things Worse http://ow.ly/2Csw7d  Edward Snowden’s Christmas Message http://ow.ly/2CpEpx  Edward Snowden, after months of NSA revelations, says his mission’s accomplished… [read post]
23 Apr 2019, 5:00 am by Justin Hemmings, Nathan Swire
As revealed by the Edward Snowden leaks in 2013, the U.S. has engaged in wide-scale espionage, including on international organizations such as the World Bank, and companies in friendly countries such as Brazil and Germany. [read post]
4 Nov 2013, 5:30 am by Barry Sookman
Quincy Jones sues Michael Jackson's estate over royalties http://t.co/CZJIJQgolm -> Canada-EU trade agreement presages IP reform http://t.co/bAOcdznhju -> Viacom v. [read post]